Assessing the Digital Competition Bill, 2024: A Proposal to Feel the Stones Before Crossing the River - World Competition View Assessing the Digital Competition Bill, 2024: A Proposal to Feel the Stones Before Crossing the River by - World Competition Assessing the Digital Competition Bill, 2024: A Proposal to Feel the Stones Before Crossing the River 48 3

This article critically assesses the Digital Competition Bill, 2024 (‘DCB’), introduced by the Indian government proposing an ex-ante framework to regulate the digital economy. The article argues for a phased implementation of the proposed ex-ante framework, with revisions to the current draft based on market studies, practical realities, and jurisprudential prerequisites, especially in light of India’s nascent digital economy. The article, recognizing that ex-ante law has become a mainstream tool to regulate the digital economy, highlights the need for extensive evidence-based assessment of market failures before imposing extensive regulations. It emphasizes the importance of measuring implementation costs and potential conflicts with existing regulatory frameworks. The article analyses the draft DCB’s potential impact on the Indian economy, emphasizing the need to scrutinize provisions that could affect dynamic growth. For instance, the DCB’s broad definitions and low thresholds for designating Systemically Significant Digital Enterprises (‘SSDEs’) could lead to over-regulation. The article suggests that the DCB should be optimized to avoid unintended negative consequences for India’s digital economy. It calls for wider consultations and further studies on the DCB’s impact before its full implementation.

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