homebusiness Newscompanies NewsDraft Digital Competition Act to be ready soon, law may be tabled in parliament by year end

Draft Digital Competition Act to be ready soon, law may be tabled in parliament by year end

The parliamentary committee on finance had recommended a separate ex-ante law on the lines of the European Union to regulate the anti-competitive practices of the big tech companies.

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By Parikshit Luthra  May 30, 2023 2:14:48 PM IST (Updated)

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A government-appointed inter-ministerial panel is in the final stages of preparing a draft digital competition law and the final contours of the law could be ready soon. CNBC-TV18 has learnt from sources, that the high-powered panel, headed by the MCA Secretary, is likely to give the final touches to a draft of the law in its 10th meeting on June 1.

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Once finalised, the draft would be recommended to the Ministry of Corporate Affairs for consideration. After stakeholder considerations, the law could be moved to Parliament in the winter session this year.
The parliamentary committee on finance had recommended a separate ex-ante law on the lines of the European Union to regulate the anti-competitive practices of the big tech companies. After receiving the recommendations of the committee, the central government had on February 6, 2023, appointed a 16-member panel to examine the need for a separate law on competition in digital markets.
Sources have said that the committee is considering a criterion to identify gatekeepers in digital markets. Gatekeepers would mean big tech companies, including e-commerce, food delivery platforms, cab aggregators and search engines capable of distorting the competition in the market. The committee is likely to recommend a criterion based on the number of active users and global turnover to identify these gatekeepers.
The committee is likely to recommend ten obligations that the identified gatekeepers would have to meet. These include obligations on interoperability between platforms, anti-steering, portability and data usage.
"The committee is of the view that no data collected should be used by a big tech company to eliminate competition and the newer entrants," said a source requesting anonymity.
The committee is considering recommending a penalty amounting to 10% of the global turnover of a big tech company, in case it fails to meet obligations under the digital competition law.
Experts believe a digital competition law could have far-reaching consequences for big tech players operating in India's digital markets. Among the objectives, the committee is considering how such a law will benefit Indian startups and give them a level playing field.

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