COMPETITION LAW AND BIG TECH IN INDIA: MARKET POWER, DATA DOMINANCE AND REGULATORY RESPONSE
Abstract
The accelerating digitalisation of India’s economy over the past decade has redefined both the concept and
exercise of market power. Traditional determinants of dominance—price control, output restriction, and
supply manipulation—are now supplemented by unprecedented control over data, algorithms, and digital
ecosystems. The Indian Competition Act 2002, conceived for an industrial-economy paradigm, faces
profound challenges in regulating “Big Tech” conglomerates such as Google, Amazon, Meta (Facebook),
Apple, and India’s home-grown digital giants like Reliance Jio and Paytm. These entities command immense
influence through data-driven network effects, self-preferencing behaviour, and platform integration, which
often erode competitive neutrality. The 2023–24 period witnessed a decisive policy pivot: the Competition
(Amendment) Act 2023 introduced new merger-control thresholds, settlement mechanisms, and digitalmarket
provisions that signal India’s readiness to confront twenty-first-century monopolies.
This paper offers an exhaustive analysis of how Indian competition law is evolving to address the twin
challenges of market power and data dominance. It situates India’s regulatory trajectory within the global
discourse shaped by the European Union’s Digital Markets Act (2022) and the United States’ antitrust revival
under the Federal Trade Commission. Drawing upon doctrinal interpretation, empirical case-analysis, and
comparative regulatory frameworks, the study evaluates whether India’s current legal architecture is
sufficient to ensure contestability, innovation, and consumer welfare in the era of platform capitalism.
exercise of market power. Traditional determinants of dominance—price control, output restriction, and
supply manipulation—are now supplemented by unprecedented control over data, algorithms, and digital
ecosystems. The Indian Competition Act 2002, conceived for an industrial-economy paradigm, faces
profound challenges in regulating “Big Tech” conglomerates such as Google, Amazon, Meta (Facebook),
Apple, and India’s home-grown digital giants like Reliance Jio and Paytm. These entities command immense
influence through data-driven network effects, self-preferencing behaviour, and platform integration, which
often erode competitive neutrality. The 2023–24 period witnessed a decisive policy pivot: the Competition
(Amendment) Act 2023 introduced new merger-control thresholds, settlement mechanisms, and digitalmarket
provisions that signal India’s readiness to confront twenty-first-century monopolies.
This paper offers an exhaustive analysis of how Indian competition law is evolving to address the twin
challenges of market power and data dominance. It situates India’s regulatory trajectory within the global
discourse shaped by the European Union’s Digital Markets Act (2022) and the United States’ antitrust revival
under the Federal Trade Commission. Drawing upon doctrinal interpretation, empirical case-analysis, and
comparative regulatory frameworks, the study evaluates whether India’s current legal architecture is
sufficient to ensure contestability, innovation, and consumer welfare in the era of platform capitalism.