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Competition Law

PROCEDURAL BATTLEGROUNDS FOR THE CCI: OBSTRUCTION, EPHEMERAL DATA, AND BYOD IN DAWN RAIDS

Abhishek Nidasanametla When the Knock Comes: What India’s Competition Regime Isn’t Ready For In recent years, competition authorities abroad have started to treat ‘obstruction’ during dawn raids (“raid”) as a standalone infringement. Very recently, in Finland, the Market Court upheld a fine of EUR 1.5 million against Attendo Suomi after an employee deleted WhatsApp messages and […]

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Competition Law Uncategorized

THE SWISS CHALLENGE METHOD: A DOUBLE-EDGED SWORD IN PUBLIC PROCUREMENT

Swedha Prakash I. Introduction Large-scale infrastructure projects are becoming increasingly significant, driven by government efforts to boost the economy, such as the National Infrastructure Pipeline (“NIP”), which has allocated an ambitious ₹108 trillion for various projects. Public-Private Partnerships (“PPP”s) have played a crucial role in this commitment to building a strong foundation for sustainable growth […]

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Competition Law

The Cloud Tyrant: Microsoft’s Stranglehold on the Future of Digital Competition

Aditya Kashyap & Arnika Dwivedi Introduction The digital ecosystem is a constantly changing field that frequently presents previously unheard-of competition law difficulties. A noteworthy incident was when Google officially  complained to the European Commission (“EC”) on Microsoft’s anti-competitive conduct within the cloud computing market. This complaint has generated heated discussion, and initiated the dialogue on […]

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Competition Law

Draft Digital Competition Bill 2024: A Case Against the Blanket Ban on Self-Preferencing

Irfan Rashid Introduction The digital economy in India is a significant contributor to the overall GDP growth. With the high odds that the digital economy will contribute 20% to India’s GDP by 2026, India becoming the leader in digital revolution does not seem a distant dream now. In March 2024, the Committee on Digital Competition […]

Categories
Competition Law Privacy Law

Data Dominance Under Fire: WhatsApp Case and its Implications

Soujanya Boxy Introduction The accelerating pace of technological advancements raises growing concerns over user autonomy and data privacy, particularly with the increasing power of tech giants to collect and use user data. Tech giants recognise user data as the fuel for their revenue growth. However, in their pursuit of being data monopolies, a critical question […]

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Competition Law

Balancing Transparency and Confidentiality: Critique with Comparative Analysis on the Confidentiality Regime in India – Part II

Pragyan Sucheta Panda & Aryan Rawat Takeaways from Reports and Surveys of ICN The International Competition Network (ICN) is an informal organization which addresses various concerns regarding competition. Importantly, ICN is not a law-making body and it just recommends the best practices in competition law in various jurisdictions. Individual member countries can consider these recommendations […]

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Competition Law

Balancing Transparency and Confidentiality: Critique with Comparative Analysis on the Confidentiality Regime in India – Part I

Pragyan Sucheta Panda & Aryan Rawat Introduction Confidentiality has been a prominent issue while dealing with cases of competition laws. In the current ethos, with the emergence of excessive reliance on data and information by businesses, the domain of safeguarding sensitive information remains an open challenge. This calls for the competition regulators to strike a […]

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Competition Law

Proposed Self-Regulation of Online Gaming in India- Preserving Competition

Ranak Banerji I. Introduction Online gaming, as defined, involves only those games that are accessible via the Internet and require the player to make a deposit, in cash or kind, with an expectation of winning earnings.[1] This mainly involves online card games such as rummy, poker, fantasy sports, etc. The definition of such online games […]

Categories
Comparative Laws Competition Law Policy

Envisioning an ESG-Friendly Competition Regime: Drawing Lessons From the Netherlands Guidelines

Suyash Pandey The Authority for Consumers and Markets (ACM) in the Netherlands adopted the final policy on sustainability agreements– agreements between corporations that promote the development of the economy, the environment, society, and human rights. These agreements, inter alia, aim at lowering pollution, restricting the use of natural resources, protecting human rights, and assuring animal […]