Category: Competition Law

Competition Law, Consumer Protection

Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA

The author in this article explores the emergence of “Dark Patterns” in the Indian digital market and the efforts by the Department of Consumer Affairs (DCA) to combat deceptive online practices through the Guidelines for Prevention and Regulation of Dark Patterns, 2023. Dark Patterns are defined as deceptive user interfaces aimed at coercing consumers into unfavorable choices. The guidelines identify specific practices falling under this category and link them to violations such as misleading advertisements, unfair trade practices, or infringement of consumer rights as outlined in the Consumer Protection Act, 2019. The essay analyzes how dark patterns can be assessed within the framework of unfair trade practices, emphasizing non-disclosure, deceptive practices, and the imposition of unilateral e-contracts. The broader interpretation of these guidelines is advocated to address evolving digital markets, ensuring consumer protection by evaluating online practices against identified features of dark patterns. Continue reading Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA

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Competition Law

Going the European Way? Defining ‘Substantial Business Operation’ in Competition Act, 2023

In this article, the author examines the recent Competition Law Amendment Bill in India, which introduces the concept of “substantial business operation” to regulate combinations in the market and curb monopolistic practices. The need for qualitative thresholds arises due to the limitations of quantitative measures in capturing the impact of mergers and digital platform dominance. The article compares India’s approach with the European Union, Germany, and the UK, which also use qualitative thresholds for defining dominant players. The author urges India’s Competition Commission (CCI) to carefully implement the definition, considering the unique Indian market and potential effects on innovation and startups. Continue reading Going the European Way? Defining ‘Substantial Business Operation’ in Competition Act, 2023

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Competition Law, Finance & Banking

HDFC BANK AND HDFC LTD MERGER: A COMPETITION LAW SCRUTINY

In this article, the author analyses competition law concerns raised by the aforementioned merger. It will be argued that the merger will allow HDFC Bank to use its dominant position in one market to venture into or protect another relevant market, in contravention of S. 4(2)(e) of the Competition Act, 2002 (hereinafter, ‘the Act’). Continue reading HDFC BANK AND HDFC LTD MERGER: A COMPETITION LAW SCRUTINY

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Competition Law, Information Technology

Proposed Amendments to E-Commerce Rules, 2020: Lack of Clarity and Judicial Overlaps

In this article, the author looks at the Proposed Amendments to the E-commerce Rules, 2020. The author argues that due to the ambiguous nature of the amended provisions and regulatory overlaps with the Competition Act, 2002, the amendments have the potential of harming both business and consumer interest. The author thus suggests that a clear definition of certain terms needs to be provided and the regulatory overlaps removed.
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Competition Law, Posts

India’s Antitrust Problem With Big Tech—Part 2

In this second post of the series, the author analyses competition concerns persisting with the nature and operation of Big Tech companies which hinder the regulatory capacity of CCI in effectively responding to the issues identified in the first part. Further, the author highlights the overlapping jurisdiction of the CCI and sectoral regulators as a consequence of the continuingly expanding horizons of Big Tech’s influence on allied and ancillary sectors. Continue reading India’s Antitrust Problem With Big Tech—Part 2

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Case Comments, Competition Law, Contract

Competition Watchdog held Discount Control Policy Anti-Competitive in Nature

In this post, the author presents an incisive analytical note on CCI’s recent cease-and-desist order against Maruti Suzuki India Limited (MSIL) for entering into anti-competitive agreements with its dealers, resulting in Appreciable Adverse Effect on Competition in Indian markets.
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