Abstract
The incredibly rapid growth of the digital economy in India has changed the entire market dynamics, but at the same time, it has brought such challenges that the existing competition laws framework are hardly capable of solving.
This article very critically outlines the journey of Indian competition law from its ex-post enforcement paradigm of the 2002 Competition Act to the likely ex-ante obligations under the Digital Competition Bill, 2024. By reviewing landmark CCI cases that include Google, Amazon, Flipkart, Swiggy, Zomato as the affected platforms, the paper delineates a pattern of issues that revolve around the difficulty of the very concept of digital dominance, the tremendous influence wielded by data in the market, and the interactions of multi-sided platforms. The article also draws the comparative insights from the EU DM, and the U.S. antitrust litigations that emphasize the fact that India is embracing a hybrid regulatory model, which combines preventive measures for MSSDEs with the case-specific enforcement. Moreover, the work also touches upon the overlaps between various Indian regulatory regimes, mainly the DPDP Act, IT Act, sectoral regulators, and the need for inter-agency coordination. The study maintains that looking into the future, being adaptable and collaborative will be the core factors in ensuring competition, acting as a catalyst for innovation, and consumer welfare ensuring in India's rapidly changing digital markets.