Google versus CCI- adding teeth to the low-tech jurisprudence in India
By: Gupta, Lovely Das
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Material type: 
BookPublisher: Journal of the Indian Law Institute Description: 65(2), Apr-Jun, 2023: p.155-185.Subject(s): Google LLC, Competition Commission of India, Antitrust Regulations, Abuse of Dominance, Android Ecosystem, Market Restrictions, Judicial Precedents, Tech Monopolies, Digital Economy, Consumer Protection, Fair Competition, Regulatory Frameworks, Low-Tech Jurisprudence, Innovation
In:
Journal of the Indian Law InstituteSummary: Competition Commission of India (hereinafter called the CCI), by two separate orders, imposed a penalty of Rs.1337.76 crore and Rs. 936.44 crore, respectively, upon Google. The same resulted from the finding of CCI that Google abused its dominant position in the relevant market. Through these decisions CCI can legitimately be called a giant killer. Importantly through these orders passed against Google, CCI has sent a strong message that Indian digital market is all for level playing. And thus gave a big push to the growing law-tech jurisprudence in India. In this paper the author assesses the CCI decisions. This assessment is done to understand the pointers that the CCI took into account to prove the abuse. Further this assessment is also done to understand the extent to which the end consumer’s perspective was factored in. Finally, the assessment is also done to understand the extent to which the CCI’s order will facilitate a level playing field within the digital market. The author concludes by arguing that these decisions of the CCI establishes clear guidelines for regulating digital markets. Importantly they establish that the Competition Act 2002 (hereinafter called the Act) is dynamic enough to accommodate anti-competitive issues afflicting the digital space. Thus, all arguments favouring a specialised competition law for digital markets in India, need to be rejected.
http://14.139.60.116:8080/jspui/bitstream/123456789/48209/1/15_Google%20v%20CCI-%20Adding%20Teeth%20to%20the%20Law-Tech%20Jurisprudence%20in%20India.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 65(2), Apr-Jun, 2023: p.155-185 | Available | AR132069 |
Competition Commission of India (hereinafter called the CCI), by two separate orders, imposed a penalty of Rs.1337.76 crore and Rs. 936.44 crore, respectively, upon Google. The same resulted from the finding of CCI that Google abused its dominant position in the relevant market. Through these decisions CCI can legitimately be called a giant killer. Importantly through these orders passed against Google, CCI has sent a strong message that Indian digital market is all for level playing. And thus gave a big push to the growing law-tech jurisprudence in India. In this paper the author assesses the CCI decisions. This assessment is done to understand the pointers that the CCI took into account to prove the abuse. Further this assessment is also done to understand the extent to which the end consumer’s perspective was factored in. Finally, the assessment is also done to understand the extent to which the CCI’s order will facilitate a level playing field within the digital market. The author concludes by arguing that these decisions of the CCI establishes clear guidelines for regulating digital markets. Importantly they establish that the Competition Act 2002 (hereinafter called the Act) is dynamic enough to accommodate anti-competitive issues afflicting the digital space. Thus, all arguments favouring a specialised competition law for digital markets in India, need to be rejected.
http://14.139.60.116:8080/jspui/bitstream/123456789/48209/1/15_Google%20v%20CCI-%20Adding%20Teeth%20to%20the%20Law-Tech%20Jurisprudence%20in%20India.pdf
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