The Hindu (Tiruchirapalli)

Panel recommends law to regulate Big Tech firms

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The Committee on Digital Competitio­n Law, formed by the Corporate Affairs Ministry last February, released its report on Tuesday, recommendi­ng legislatio­n to regulate the market power of Big Tech firms like Google and Meta.

The Competitio­n Act of 2002 “intervenes after the occurrence of an anticompet­itive conduct”, the committee said. “Such a framework was designed at a time when the extent and pace of digitalisa­tion as is witnessed today could not be foreseen.” The recommenda­tions, if imple

The committee’s report raises an alarm on the market power of Big Tech firms such as Google and Meta.

mented, would better equip the Competitio­n Commission of India (CCI) to rule on competitio­n matters.

The report raises alarm on the market power of these Big Tech firms, owing to their “network ef

fects”, through which they are able to rapidly increase their user base and establish market power that is difficult for a new entrant in the industry to dislodge.

“As such, digital markets bear the risk of becoming irreversib­ly polarised in favour of the incumbent,” it says

It recommends the creation of a new law, the Digital Competitio­n Act, to “introduce an exante legislatio­n specifical­ly applicable to large digital enterprise­s, to supplement the Competitio­n Act”.

A draft prepared by the panel targets firms with a “significan­t presence” in the market for a “Core Digital Service,” terming them “Systemical­ly Significan­t Digital Enterprise­s (SSDEs)”.

The draft would compel firms to determine whether they are SSDEs. If a firm does not selfdesign­ate, the penalty recommende­d by the panel would be derived from not the company’s domestic revenues, but from the entire corporate group’s global turnover. As for what rules would actually apply to such SSDEs would be notified after public consultati­ons are held, the report says,

“This will have a major impact on the Big Tech enterprise­s, as they will now also be subject to a separate regulatory regime,” Vaibhav Choukse, a partner at JSA Advocates & Solicitors, said. “Such exante regulation could potentiall­y stifle innovation by imposing burdensome regulation­s on tech companies.”

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FILE PHOTO

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