Discussing India's Draft Digital Competition Bill: Prof. Vikas Kathuria, Manjushree RM, Gokul Plaha

Prof. Vikas Kathuria, a Professor at BML Munjal School of Law and heads the Centre on Law, Regulation and Technology (CLRT).
Manjushree RM, a Senior Resident Fellow at Vidhi Centre for Legal Policy
Gokul Plaha, Independent Researcher, former CUTS Institute for Regulation & Competition

In this panel we discuss the context and the substance of a new legislative proposal introducing in India Digital Competition Bill.

Among the topics covered in this panel are the following:

1) Digital Markets in India: How rapidly they develop? Do they function as expected? What is their potential? Does India look internationally/globally or is it rather self-focused? Competition with the West and with the East.

2) The Report of the Committee on Digital Competition Law: Substance. Inspiration. Output. Who was working on it? For how long? Was there consensus? How many options were on the table?

3) The Bill: Driving forces? Key Stakeholders . National Players. Tonality of discussion. How visible the discussion is? When the Bill is likely to become the Law? How much is likely to be changed at this stage? Who will be enforcing the bill? Is it competition law? Inspiration: EU or UK or both?

4) Goals. Formal and informal. Fitness with broader Indian digital agenda. Is there even such thing as Indian digital agenda?

5) Designation criteria. CDC (Core digital services). Gatekeepers – Systemically Significant Digital Enterprise (SSDE) Which companies are likely to meet them. Is it likely that any Indian company will meet it. Self-reporting (akin to the DMA)

6) Compliance. Reporting. Regulatory dialogue. The SSDE may propose Settlement. Commitment. Role of third parties.

7) Obligations. Are they listed or the CCI will be able to tailor them ad hoc? Substance of obligations. Which generate larger discussions among stakeholders?

8) Efficiency defence. The DMA does not have it. The DMCC does have a mandatory one (Section 29 DMCC). What about the DDCB (Draft Digital Competition Bill)?

9) Remedies. Very discretionary. Structural?

10) Enforcement. Discretionary power of the CCI. Relationship with the Government (power of the Central Government to exempt enterprises from the application of one or more provisions; power of the Central Government to issue directions for the Commission; Power of Central Government to supersede Commission). Scope of Judicial Review.

11) Which recommendations would the panelists give to Indian Parliament, Government and Competition Commission of India?

12) Recommendations to students.

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The Digital Markets Research Hub is an independent academic initiative aiming at scrutinising the functioning of competition/regulation in digital markets. We host one-to-one interviews with leading policymakers, regulators and practitioners. We also organise online mini-workshops inviting high-profile experts and academics in various fields of digital competition law & policy to discuss the most vibrant issues of the ongoing regulatory reforms in digital markets. While having our clear normative stand on the matters discussed within the hub, we value different views and invite relevant stakeholders and thinkers representing the whole spectrum of reasonable positions on how to regulate competition in digital markets. All our materials are available at YouTube channel, which you are very welcome to subscribe to. The panel is organised & conducted by Prof. Oles Andriychuk, Newcastle Law School, UK