Govt Sets Up Panel on Digital Competition Law

The government has set up a panel on digital competition law to examine various regulatory aspects in dealing with challenges emerging from the digital economy. Chaired by Corporate Affairs Secretary Manoj Govil, the panel will also examine the need for an ex-ante regulatory mechanism for digital markets through a separate legislation, according to an official order.

The panel has been set up less than two months after a Parliamentary panel proposed having a new digital competition law to curb anti-competitive practices in the digital markets.

According to the order issued by the corporate affairs ministry on Monday, Competition Commission of India (CCI) Chairperson will be part of the panel apart from experts in different fields.

There will also be representatives from Niti Aayog, Department of Commerce, Department of Economic Affairs, Department of Consumer Affairs, Department for Promotion of Industry and Internal Trade, and the Ministry of Electronics and Information Technology.

The panel will review whether existing provisions in the Competition Act, 2022, and the rules and regulations framed thereunder are sufficient to deal with the challenges that have emerged from the digital economy.

Further, it will study the international best practices on regulation in the field of the digital markets as well as other regulatory regimes/ institutional mechanisms/ government policies regarding competition in the digital markets.

As per the order, the practices of leading players/ Systemically Important Digital Intermediaries (SIDIs) which limit or have the potential to cuase harm in the digital markets will also be looked into by the committee.

Other members of the committee are Nasscom Co-Founder and Indian Angel Network Chairman Saurabh Srivastava, Professor of Economics (Retd) Delhi School of Economics Aditya Bhattacharjea, Khaitan & Co’s Haigreve Khaitan, IKDHVAJ Advisers LLP’s Harsha Vardhana Singh, Shardul Amarchand Mangaldas & Co’s Pallavi Shardul Shroff, P&A Law Offices’ Anand S Pathak, Axiom5 Law Chamber’s Rahul Rai and a corporate affairs ministry’s joint secretary.

As per the order, the panel’s chairperson can co-opt any other person as a member/special invitee as and when required.

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