Digital markets are an integral part of the economy and have become a
critical component of competition law enforcement. These markets have changed
rapidly in recent years, with new platforms and business models emerging daily.
This paper attempts to appraise recent developments in the context of
enforcement by competition authorities, with a focus on two areas: platform
markets and challenges faced by regulators during investigations involving
digital platforms in India
Overview
Platform markets are unique in a number of ways. They have created new economic
opportunities and challenges for antitrust regulators, who must now balance
these benefits against the potential anticompetitive effects of platform
businesses.
The first area concerns the role played by platforms in facilitating
market-based competition among suppliers. In this context, we focus on two types
of platforms: online marketplaces (eBay), which facilitate transactions between
buyers and sellers; and search engines such as Google that provide consumers
with information on products and services they may wish to purchase from other
suppliers (eBay).
The second area concerns possible anticompetitive behavior arising from
externalities caused by platform business models such as those employed by eBay
or Amazon Marketplace sellers who use third-party logistics services to ship
their goods directly from China (or elsewhere) without having any direct
relationship with those companies offering such services-what economists call
"externalities."
Recent competition cases involving digital platforms in India
The Competition Commission of India (CCI) has been proactive in investigating
online platforms and their business practices. In 2016, the CCI initiated
investigations into Google's alleged abuse of dominance in the search engine
market to stifle competition. The case was closed in 2017 with no findings
against Google. In 2018, the CCI opened a similar investigation into Facebook's
data-sharing practices with Cambridge Analytica which led to a settlement
agreement with Facebook worth $5 billion USD.[2]
In February 2018, Amazon India Limited was accused by local competitor Flipkart
Group for unfair trade practices under Section 2(1) read with Section 3(c) read
with Section 3(d) read with section 1A(a)(ii) & (iii) of Competition Act
2002.[3]
Indian regulators are no exception
India is a member of the G20 and has signed up to OECD competition guidelines.
The country's Competition Commission for India (CCI) is responsible for
enforcing those rules, but it cannot do so without cooperation from competing
firms in India.
In recent years, CCI has been active in investigating digital
platforms-including Facebook, Google and Amazon-for unfair business practices
that give them an unfair advantage over competitors or harm consumers by pushing
prices down below cost-based levels.
In 2016 alone, CCI conducted investigations into whether Amazon's dominance over
e-commerce was harming its rivals; whether Facebook's data collection policies
were anti-competitive; how Google used its search engine monopoly power to
promote its online shopping service while blocking rival services like Bing's
local search results; and whether Uber was abusing its dominant position among
ride sharing apps by not compensating drivers fairly when they use their cars as
taxis rather than personal vehicles
Platform markets are unique in a number of ways:
- First, they are intermediaries: platforms act as two-sided markets to
connect buyers and sellers.
- Second, they are networked markets: the flow of goods and services
across these networks creates an interconnected web that can grow quickly
with no central planning or authority required by any single entity.
- Third, platforms are dynamic: they change rapidly as new technologies
emerge or old ones become obsolete; this often makes it difficult for
regulators to keep up with changes in the market landscape (especially when
those changes happen quickly).
- Fourthly and finally-and most importantly-platforms have shifted from
being local monopolies or duopolies (two firms dominating an entire
industry) into global networks where multiple players compete with each
other on equal footing over time by using their own proprietary algorithms
based on previous transactions rather than relying solely upon government
laws or regulations enforced through courts at any given moment in time
Regulatory and legislative initiatives involving digital platforms
The digital economy is a key area of focus for competition authorities. As the
digital economy evolves, it presents new challenges and opportunities that can
be used to help businesses compete more effectively. One such challenge involves
platform markets, which are defined as markets in which consumers purchase goods
or services directly through an intermediary (such as an online retailer).
Platforms often provide access to information on pricing, quality and
availability; they also allow consumers to compare products before making a
purchase decision.
Platforms have become increasingly important because they facilitate
transactions between producers and consumers while also allowing companies like
Amazon or Airbnb to expand their operations worldwide by providing access to
customers from all over the world through their websites. This has led
regulators around the globe-including those in Canada-to take action against
certain practices associated with these types of platforms (e.g., price
discrimination).
Many of these issues require the formulation of new regulatory frameworks.
Many of these issues require the formulation of new regulatory frameworks. The
nature of digital platforms is such that they are different from traditional
markets in many ways, including:
The number and diversity of users and suppliers is much greater than either
group would be in a traditional market. For example, Facebook has 2 billion
users who also provide value through their profiles; Airbnb has more than 1
million hosts giving them access to travelers through their properties; Amazon
sells billions of products across its website, including books and groceries;
Uber connects drivers with riders via smartphone apps or cars with passengers by
GPS coordinates (mobile app); eBay facilitates online auctions for collectibles
by connecting buyers, sellers and auction houses around the world.
New or amended legal and regulatory framework for digital platforms in India
In India, there are some legal frameworks for digital platforms that have been
established in recent years. These include the e-commerce rules under the
Information Technology (IT) Act 2000 and payment systems regulations under the
Payment and Settlement Systems Act 2007. Additionally, there are several policy
frameworks governing digital platform businesses such as data protection laws
and net neutrality rules.
In addition to these existing legal and regulatory frameworks, it is also
important to note that India's Ministry of Electronics & Information Technology
(MeitY) has released its draft data protection law which aims at ensuring
privacy rights without inhibiting innovation or creating barriers to startups
seeking funding through crowdfunding platforms like Rocket Internet's Sellers or
Amazon Seller Services LLC's (ASSL).
Collection and analysis of data in competition investigations related to
digital markets
Data collection and analysis are two of the most challenging aspects of
competition investigations related to digital markets. The lack of data is one
challenge, as it means that antitrust authorities must rely on more subjective
measures (e.g., opinion surveys) or simply take their best guess at how
consumers perceive an industry based on other factors, such as advertising
spending or product sales volume.
In addition, data quality issues may arise when collecting information from
online platforms themselves; they may not be able to provide accurate
information due to privacy concerns or because they may simply not know the
correct answers themselves.
The problem with inaccurate information extends beyond those who collect it;
even once it has been collected and analyzed properly there are still potential
errors in how it's interpreted by economists or policymakers who use this
knowledge for decision-making purposes (i..e., whether something should be
banned).
Challenges faced by competition authorities in law enforcement in digital
markets in India
Competition authorities have to deal with a large number of issues in digital
markets. The number of digital platforms is increasing and they are becoming
more powerful than their physical counterparts. This creates an opportunity for
companies to cooperate and collude, as well as reduce competition by making it
difficult for new entrants into the marketplace.
For example, when Facebook acquired WhatsApp, there were concerns that this
would make it too difficult for users who had already downloaded WhatsApp on
their mobile phones but wanted access through the Facebook Messenger app as well
(see Figure 1).
This paper attempts to appraise recent developments in the context of
enforcement by competition authorities, with a focus on two areas.
This paper attempts to appraise recent developments in the context of
enforcement by competition authorities, with a focus on two areas. First, it
will examine how antitrust authorities have responded to platform markets and
platforms since their emergence as an important economic phenomenon. Second, it
will analyze whether there are any lessons from these experiences that could be
useful for future policy makers and scholars who are interested in creating
effective antitrust policies in this new era of digitalization.
The overall objective is not only to provide a comprehensive review about
antitrust enforcement over platforms but also to reflect on what kind of
challenges may arise when dealing with such issues as potential abuse of
dominance or anticompetitive conduct via online marketplaces (for example) so as
not only promote competition but also protect consumers from potentially harmful
effects caused by monopolistic conditions within these industries."
Conclusion
We believe that the new age economy, platform markets and challenges for
antitrust enforcement can be adequately addressed only by a combination of
legislative and regulatory initiatives. It is clear from this analysis that
these issues require the formulation of new regulatory frameworks based on
principles such as competition, consumer protection and data privacy.
In addition, there are many areas where we need to make improvements in
competition law enforcement or develop effective remedies to address specific
concerns related to platforms such as Google/Facebook or Amazon India.
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