EX ANTE APPROACH
Why the Digital Competition Bill has started a polarising debate in the tech industry
India’s Digital Competition Bill has turned previous foes in the tech industry into unlikely allies and sparked a polarising debate on market practices. The Committee on Digital Competition Law (CDCL) on February 27, submitted its report to the ministry of corporate affairs (MCA) after working on it for more than a year.
Citing overlaps, experts seek rejig of Digital Competition Bill
The ministry of electronics and information technology continued discussions on the digital competition bill with think tanks and industry bodies raising concerns about foreign regulation approaches. The impact on startups and overlap with existing laws were highlighted.
MeitY to discuss digital competition bill draft with industry associations
The government is holding meetings to address concerns about the draft Digital Competition Bill, which proposes obligations for big tech companies in core digital services under a new category of systemically significant digital enterprises.
Key changes at Wipro; CCI on digital firms’ ‘opaque’ algorithms
IT services company Wipro is undergoing more changes under new CEO Srinivas Pallia. More on this on today’s ETtech Top 5.
Draft digital competition bill will make business untenable: IAMAI
Ex-ante regimes tell businesses precisely how to behave, or what to do. Under the current ex-post regime of the Competition Act, companies are only required to ensure that their conduct in the market is not anti-competitive. An overlapping ex-ante regime proposed under the digital competition Bill will force tech companies to comply with parallel legislation and undertake measures for additional compliance, the IAMAI said.
Need time to study impact of proposed digital competition law, say tech policy advocacy groups
21 organisations urge a 5-month extension from the government for insights on the Digital Competition Bill draft, emphasizing the alignment of various regulations and the essential 'whole of government' approach.
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Go easy with the digital lasso
If a company meets the criteria in its self-assessment, it must report to CCI within 90 days, which can designate it as Systemically Significant Digital Enterprise (SSDE), akin to gatekeepers in DMA. CDS includes online search engines, social networking, video sharing, intermediation, and cloud and interpersonal communication services. Any non-reporting or misreporting to CCI will attract a penalty.
ETtech Explainer: Why does X support proposed digital competition law while Meta, Google, Apple oppose it?
The Committee on Digital Competition Law (CDCL), formed by the Ministry of Corporate Affairs, had on Tuesday proposed a new digital competition law and prescribed ex-ante regulations to pre-emptively regulate potential abuse of dominance by larger technology companies. Why is X in favour? ET explains.
Decoding the digital competition law; AI's impact on IT hiring
India’s consumer internet firms have voiced their disapproval of the ex-ante framework in the proposed digital competition law. This and more in today’s ETtech Morning Dispatch.
New antitrust law for large tech firms shouldn’t stifle innovation: experts
Zomato, Swiggy, Flipkart and Oyo have opposed the new regulations on digital competition proposed by a government-appointed committee. Indian companies that supported the proposal of ex-ante regulations include Paytm and MakeMyTrip, albeit with caveats.
Decoding the digital competition law; Perfios turns unicorn
India’s consumer internet firms have expressed reservations about the ex-ante framework in the proposed digital competition law. This and more in today’s ETtech Top 5.
ETtech Explainer: What the proposed digital competition law looks to regulate
The Ministry of Corporate Affairs' Committee on Digital Competition Law has advocated for a novel legal framework to govern competition in the digital realm. This proposed law would introduce ex-ante regulations to tackle potential anti-competitive behavior and antitrust concerns, specifically targeting large digital corporations.
Big Tech, few Indian entities oppose ex-ante regulation under new law; others lend their support
Digital firms including Apple, Google, Meta, Amazon, Flipkart, and Uber resisted ex-ante obligations under a new digital competition law. Some home-grown companies like Oyo, Zomato, and Swiggy had reservations, while others endorsed the framework. The Govil panel has now recommended separate digital competition legislation with an ex-ante framework after holding meetings with a cross-section of stakeholders, including the large digital players who had submitted their views.
Ensuring fair trade rules in digital markets and emerging areas like AI, biotech a challenge: MCA secy
The ministry is piloting discussions on having a digital competition law and a committee set up for the purpose has held a series of consultations and is looking at various aspects. Fostering cooperation on competition issues among the BRICS countries will have a positive global outcome, Govil said as he also mentioned that competition law and policy face numerous challenges in today's rapidly evolving landscape.
AI, gig economy pose challenges for competition law: MCA Secretary Manoj Govil
While delivering the valedictory address at the BRICS International Competition Conference in the national capital, Ministry of Corporate Affairs Secretary Manoj Govil also highlighted that various countries, including India, are looking at ex-ante regulations to deal with possible anti-competitive practices in the digital markets.
Competition regulator bolstering tools to plug abuse in digital markets: Chairperson Ravneet Kaur
The Competition Commission of India (CCI) is taking steps to ensure fair trade practices in digital markets and prevent abuse of market dominance by a few platforms, according to CCI Chairperson Ravneet Kaur. Kaur emphasized the importance of sharing experiences to maintain competitiveness in digital markets and highlighted the role of competition authorities in addressing these issues.
CDCL: India must adopt an evidence-based approach that gives weight to its realities
Several jurisdictions, including the EU, Britain, Japan and Australia, are designing or implementing ex ante proposals to regulate the business practices of large digital intermediaries, and these proposals vary in scope and approach. India's approach to ex ante legislation should be guided by its policy objectives and market realities. However, understanding international proposals can reveal a bouquet of regulatory design choices and their shortcomings.
My way or the AI way: Companies approach govt for infra amid GPU scarcity
GPUs are the highways AI requires. Companies are therefore petitioning the Centre to invest in the vital compute infrastructure so that local startups can compete and win meaningfully in the frenetic global AI race.
M&As in the time of digital economy
Earlier this month, CCI released draft regulations on combination for public consultations, seeking comments till September 25. This is the first such upgradation in combination regulations since 2011. As per these regulations, approval of CCI would be mandatory for all transactions beyond the ‘deal value’ threshold of Rs 2,000 crore.
Digital competition law panel likely to finalise its report next month, says official
The panel is looking into various aspects of the digital markets as well as various regulations that are there, an official said, adding that consultations are going on.
'Whole government approach' to be adopted for digital competition laws
Union ministers Nirmala Sitharaman and Rajeev Chandrasekhar on Tuesday discussed various issues related to the digital competition law. A panel chaired by Corporate Affairs Secretary Manoj Govil will be preparing a report on digital competition law, where it will examine various regulatory aspects in dealing with challenges emerging from the digital economy.
IAMAI submits final recommendations to CDCL amid accusations of bias towards Big Tech
In the final submission, the IAMAI has argued against the prescription of ex-ante regulations, saying that ex ante measures "may limit growth not only of the market in question but the digital economy altogether". ET has reviewed a copy of the submission.
World is not yet ready for global digital framework, says OECD Competition Committee Chairman Jenny
In an online interaction with journalists on Friday, Jenny highlighted that even though everyone should be on the same page on the issue of regulating global tech conglomerates, it was too soon to move in that direction as it could stifle innovation.
Removal of DDCD vice chairman: Reference to Prez not as per law, HC told
Justice Prathiba M Singh was hearing Shah's petition challenging an order of November 17, 2022 issued by the Director (Planning) of the Delhi government on the LG's request to Chief Minister Arvind Kejriwal to remove him from the post of vice chairperson of DDCD, and pending such a decision, to restrain him from using his office space and withdraw the staff and facilities assigned to him.
How investors should approach risk management
Some investing decisions are bound to be wrong. What matters is the consequences of the mistakes.
Tech steps against muscle-flexing
Regulators should work together to develop appropriate thumb rules to guard against monopolistic tendencies. It will also be apt for CCI to engage with counterparts in other countries to evolve a robust regulatory system. India should leverage its G20 presidency in 2023 towards this end. Increased competition and fair play can see the emergence of new world leaders from emerging markets like India.
Regulating digital platforms CCI's big challenge, says retiring chairman Ashok Kumar Gupta
In fast-moving digital markets, protracted litigations and delayed interventions could prove to be "expensive or even futile", he said, making a case for the need for CCI to take preventive steps through 'ex-ante' regulations to ensure competition concerns are addressed adequately in the digital platforms.
CCI has been pragmatic in levying, quantifying penalties: Chairperson
The Competition Commission of India (CCI) has been taking steps to ensure fair competition in the digital market and last Thursday, it passed a major order against Google for the abuse of dominance in multiple markets in relation to Android mobile devices.
Need nuanced, market-specific approach for implementing complex eco legislations, says CCI chief
Speaking virtually at the National Conference on Economics of Competition Law, he said the learnings from market studies allow the regulator to appreciate various strategic interactions in markets. Both enforcement and advocacy have to account for the level of evolution of markets in India in comparison to developed economies, he noted.
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