Size-Based Regulations for Digital Markets: India Risks Repeating Past Mistakes
By Shuheb Khan and M. M. Ramish
In its 2024 report, the Committee on Digital Competition Law (CDCL) recommended an ex-ante regulatory framework for digital markets in India, in addition to the existing ex-post framework.1 It proposed the Draft Digital Competition Bill, 2024 (“Draft Bill”), which would subject digital companies to dual regulatory obligations, while other firms would remain governed only by the Competition Act, 2002.
Under the Draft Bill, digital companies offering a ‘Core Digital Service’ and crossing specified financial and user-based thresholds would be designated as Systemically Significant Digital Enterprises (SSDEs) and prohibited certain conduct, while non-SSDE firms could continue such conduct.
Now, based on feedback received by stakeholders, the Government has opted for an “evidence-based and adaptive approach,”2 tasking the Management Development Institute (MDI) with conducting a market study to review the criteria for designating SSDEs and assess the impact of the proposed legislation on start-ups and...
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