[1] Digital India, https://csc.gov.in/digitalIndia Accessed on February 2024
[2] The amended provisions relate to new limits of merger control, changes in penalty, Changes in composition of CCI etc.
[3] Bhattacharya, Shilpi and Khandelwal, Pankhudi, Indian Competition Law in the Digital Markets: An Overview of National Case Law (July 29, 2021).
[4] C.Nos 7 & 30 of 2012
[5] Arora, Himanshu, Bharat Matrimony v. Google India and others (March 30, 2019).
[6] Dissent Note by Mr. Sudhir Mittal and Justice. G.P.Mittal, https://www.cci.gov.in/antitrust/orders/details/746/0 pp.167-190, Accessed on February 2024
[7] Bhattacharya, Shilpi and Khandelwal, Pankhudi, Indian Competition Law in the Digital Markets: An Overview of National Case Law (July 29, 2021).
[8] Bhattacharya, Shilpi and Khandelwal, Pankhudi, Indian Competition Law in the Digital Markets: An Overview of National Case Law (July 29, 2021).
[9] CCI case No.99 of 2016
[10] Market study on e-commerce in India-key findings & observations, https://www.cci.gov.in/economics- research/market-studies/details/18/6 Accessed on 14.05.2023
[11] Market study on e-commerce in India-key findings & observations, https://www.cci.gov.in/economics- research/market-studies/details/18/6 Accessed on 14.05.2023
[12] Market study on e-commerce in India-key findings & observations, https://www.cci.gov.in/economics- research/market-studies/details/18/6 Accessed on 14.05.2023
[13] Anshuman Sakle; Nandini Pahari, "The Interaction between Competition Law & Digital and E-Commerce Markets in India," Indian Journal of Law and Technology 16, no. 2 (2020): 18-37 https://heinonline.org/HOL/Page?handle=hein.journals/indiajoula16&id=192&collection=journals&index= Accessed on February 2024
[14] Fifty third report, https://loksabhadocs.nic.in/lsscommittee/Finance/17_Finance_53.pdf Accessed on February 2024
[15] Order (Comp 06/11/2022-Comp-MCA) made on 06.02.2023
[16] Standing Committee Report on ‘Anti-Competitive Practices by Big Tech Companies’, P. 31
[17] Standing Committee Report (2022), P. 1
[18] Schedule I of the draft Digital Competition Bill
[19] "Call For Inputs On Draft Digital Competition Bill, 2024, Mar. 26, 2024, available at: https://community.nasscom.in/communities/public-policy/call-inputs-draft-digital-competition-bill-2024.
[20] Section 3(4) of the Digital Competition Bill, 2024
[21] Section 4(8) of the Digital Competition Bill, 2024
[22] Section 3(2) of the Draft Digital Competition Bill, 2024
[23] Section 3(3) of the Digital Competition Bill, 2024
[24] Section 4 of the Digital Competition Bill, 2024
[25] ibid
[26] Chapter III of Digital Competition Bill, 2024
[27] Section 18 of the Digital Competition Bill 2024
[28] The Competition Act, 2002 (12 of 2003) Section 5
[29] Competition Commission of India, ‘About Us’ <https://www.cci.gov.in/aboutus#:~:text=Our%20goal%20is%20to%20create,the%20welfare%20of%20the%20consumers>
[30] Competition (Amendment) Act, 2023
[31] ibid
[32] Colleen Cunningham, Florian Ederer and Song Ma, ‘Killer Acquisitions’ (2021)
129(3) Journal of Political Economy 649–702
<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3241707>
[33] Rupin Chopra and Apalka Bareja, ‘Impact of Deal Value Threshold on Tech
Industry – Competition Law’
[34] Competition (Amendment) Act, 2023
[35] ibid
[36] Lion Meadow Investment Limited case
[37] Standing committee report on Competition (Amendment) Bill, 2022
[38] Notice u/s 6(2) of the Competition Act, 2002, given by Etihad Airways PJSC and
Jet Airways (India) Ltd. (2013) Combination Registration No. C-2013/05/122
<http://164.100.58.95/sites/default/files/C-2013-05-122%20Order%20121113.pdf>
[39] Builders Association of India v. Cement Manufacturers’ Association
[40] Meru Travel Solutions Pvt. Ltd. v. Uber India Systems Pvt. Ltd.
[41] ibid
[42] Competition Act, 2002
[43] ibid
[44] suo-moto-case-no-0220161652433627.pdf (cci.gov.in)
[45] Based on the economic methodology and use the concept about substitute in order to identify whether it is competing in the same market. The SSNIP test can be applied to supply-side substitution by postulating whether the price increase would be rendered unprofitable by the suppliers moving to produce the product. See G.Niels, ‘The SSNIP Test: Some Common Misconceptions’, 2004, Comp Law 267; Bellamy and Child, n.16, 4.055-4.062.
[46] Related to vertical integration. It allows a company to streamline its operations by taking direct ownership of various stages of its production process rather than relying on external contractors or suppliers.
[47] “Becoming the owners of the infrastructures of society.” See N. Srnicek, ‘Platform capitalism’, Polity press, 2017, p.92.
[48] Competing for the market instead of competing in the market, see section 3.2. Through the improvement of the productivity and the introduction of new products or services, see J. Sidak, D. Teece, “Dynamic competition in antitrust law”, Journal of Competition law & Economics, 2009 (5).
[49] Which are designed to catch transactions involving companies with significant competitive potential but which at present have little or no turnover. This is often the case with new companies with innovative business models and thus, prevent “killer acquisitions”.
[50] Bundeskartellamt Decision B6-22/16 of 6 February 2019 on Facebook: 149, 159, 160, 165, 169, 170, 173, 175, 179, 194, 224, 237, 238, 239, 240, 241, 286, 289, 290, 294.
[51] Refers to both vertical and horizontal competitions. Platforms either try to acquire or innovate by themselves to conduct horizontal and vertical integrations at the same time in order to occupy more market shares or having more relevant markets.
