Combating abuse of dominance in digital markets: Study from the perspective of EU and India

Abstract: Online transactions, networking, also online shopping of goods & services have exponentially increased. Digital markets have been preferred by consumers, businesses. Undertakings are competing to persuade customers. Well established business groups gain dominant position in the market and more possibility to avoid new entrants, avoid competition. Conversely, new entrants face huge competition, and they need to compete on par with gigantic business groups. Existing legal systems regulate markets, deal with abuse of dominance. However, dynamic digital markets necessitate separate competition law. The legal systems around the world have begun to make laws, rules, think over fair digital competition. EU has Digital Markets Act and Digital services Act providing level playing field for businesses, ensuring protection of fundamental rights of users. Both laws are applicable throughout EU. Further, Digital Markets Act, which is an ex-ante in nature, identifies gatekeepers by setting criteria, makes them responsible for their behaviour in the market. Similarly, Indian Competition Act 2002 along with Competition (Amendment) Act, 2023 regulate competition in the market. In the same line, there are ongoing discussions, standing committee reports which pressurize, for having a separate digital competition law regulating digital markets. This thesis covers legislations, discussions, judgements regarding abuse of dominance in digital markets and answers the research questions.