India: Published Parliamentary Report on Anti-Competitive Practices of Big Tech Companies

On 22 December 2022, the Standing Committee on Finance presented the Ministry of Corporate Affairs' 53rd report on "Anti-Competitive Practices by Big Tech Companies" in India's Parliament. The report noted that digital markets fundamentally operate differently to traditional markets, and are characterised by powerful increasing returns to size which could result in monopolistic and anti-competitive behaviour. The report goes on the describe various features of digital markets and finally offers some key regulatory recommendations to address such issues. These recommendations include identifying Systematically Important Digital Intermediaries (SIDIs), or big tech companies, and subjecting them to additional legal requirements. Specifically, the report recommends that SIDIs should be required to: (i) submit a report to the Competition Commission of India (CCI) on anti-competitive behaviour; (ii) not condition access to their platform on the purchase or use of other products; (iii) display neutrality when presenting offers or services; (iv) avoid cross-using personal data, unless the end user has been presented with the choice and given consent; (v) inform the CCI of any intended mergers or acquisitions.