Written Comments

REPORT OF THE COMMITTEE ON DIGITAL COMPETITION LAW

AND THE DIGITAL COMPETITION BILL, 2024

Authors: Saksham Malik, Aman Mishra and Bhoomika Agarwal

Thematic Designer - Akriti Jayant

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Suggested Citation
Malik, S., Mishra, A. & Agarwal, B. (May 2024) Written Comments: Report of the Committee on Digital Competition
Law and the Digital Competition Bill, 2024. The Dialogue™

Catalogue No
TD/CDM/WC/0524/06

Publication Date
May 16, 2024

Disclaimer
This submission solely reflects the opinion of The Dialogue and does not represent the views of our fellows,
advisors or consultants.
CONTENTS
Executive Summary I
A. Introduction 1
3
B. Need to Explore Alternate Forms of Interventions 3
1. Challenges with an ex-ante digital competition law
4
2. Alternative modes of intervention 5
C. Need for more consultation and evidence collection 5
1. Insufficiency of existing consultations and evidence 5
2. Scope for more consultations and evidence
D. Comments on the Draft Digital Competition Bill, 2024 6
1. Definition of End Users 6
2. Definition of Business Users 6
3. Significant Financial Strength Test 7
4. Significant Spread Test 7
5. Qualitative Thresholds 8
6. Enterprise is a Part of a Group 8
7. Associate Digital Enterprises 8
8. Conduct Requirements to be set out through Regulations 9
9. Exemptions from Obligations 9
10. Fair and Transparent Dealing 10
11. Self-Preferencing 10
12. Data Usage 10
13. Anti-steering 11
14. Tying and Bundling 12
15. Power to inquire into non-compliance by SSDEs and ADEs 12
16. Settlements & Commitments 13
17. Reference by Statutory Authority 14
15
18. Definition of “agent” 15
19. Penalties
16
20. Power of the Central Government to Exempt Enterprises
17
21. Power to make regulations and process of issuing regulations 17
22. List of Core Digital Services
20
E. Report of the Committee on Digital Competition Law: Chapter II
1. The time-consuming nature of investigation and enforcement proceedings 20
2. Sector-Specific Instruments Governing Large Digital Enterprises 21
F. Report of the Committee on Digital Competition Law: Chapter III 23
23
1. Rationale for reliance on certain international models
G. Report of the Committee on Digital Competition Law: Chapter IV 24
1. Capacity building 24
H. Report of the Committee on Digital Competition Law: Annexures 25
1. Annexure 3 25
 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

Executive Summary

d.

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 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

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 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

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 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

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 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

A. Introduction

1
Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

2
 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

B. Need to Explore Alternate

Forms of Interventions

3
Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

4
 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

C. Need for more consultation

and evidence collection

5
 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

D. Comments on the Draft

Digital Competition Bill, 2024

6
Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

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Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

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 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

E. Report of the Committee on

Digital Competition Law: Chapter II

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Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

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 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

F. Report of the Committee on

Digital Competition Law: Chapter III
1.

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 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

G. Report of the Committee on

Digital Competition Law: Chapter IV
1.

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 Written Comments: Report of the Committee on Digital Competition Law and the Digital Competition Bill, 2024

H. Report of the Committee on

Digital Competition Law: Annexures

25
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