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India Moves to Challenge Big Tech Power in Digital Markets

 |  September 9, 2024

India’s competition regulator is stepping up efforts to rein in the dominance of Big Tech firms, particularly in the areas of web search and digital advertising. Concerns from interest groups about monopolistic practices have intensified following a landmark ruling in the U.S. that found Google guilty of violating antitrust laws. According to Market Express, Indian businesses argue that such practices hinder competition and innovation, calling for stronger measures to level the playing field.

In August, a U.S. court in Washington, D.C., determined that Google had unlawfully established a monopoly in the search and advertising sectors. The decision, which ruled that Google spent billions of dollars to maintain its dominance, has provided fresh momentum for Indian startups and technology companies to advocate for similar action at home. The verdict has drawn attention to the need for India to address anti-competitive practices within its own borders.

One of the most vocal groups pushing for change is the Alliance of Digital India Foundation (ADIF), a coalition representing India’s burgeoning digital startup ecosystem. Per Market Express, the ADIF has filed a formal complaint with India’s Competition Commission (CCI), accusing Google of stifling competition through its control over essential online platforms. Notably, Google derives 97% of its revenue from advertising, a fact that ADIF claims has had a detrimental effect on the nation’s business environment.

“These actions by Google have an adverse effect. We need a level playing field. This step by us is important to safeguard the market that operates on principles of fairness and transparency,” Prateek Jain, associate director of ADIF, told DW.

Digital Competition Bill Under Review

India is also working on strengthening its legal framework to regulate tech giants. The CCI is currently reviewing a draft Digital Competition Bill, aimed at supplementing existing antitrust regulations. According to Market Express, this bill targets anti-competitive behavior and could impose significant penalties on companies found to be violating its provisions. It is expected to prompt major tech firms to adopt preemptive compliance measures.

“We will have to see how this shapes up and are carefully deliberating. We could see increased preemptive compliance on the part of large tech companies,” an unnamed senior government official told DW.

Read more: Brazil Launches Antitrust Investigations into Big Tech AI Acquisitions

The bill, which identifies ten “core digital services” such as online search and social networking, is part of a broader effort to update India’s regulatory approach to digital markets. Last year, the government formed a Committee on Digital Competition Law to explore the need for a specialized legal framework focused on the digital economy.

Pressure Mounts on Google

India’s push to regulate Big Tech is not without precedent. The CCI has previously penalized Google for abusing its dominant position. In 2022, the regulator fined the company over 13 billion Indian rupees (€139 million/$154 million) for anticompetitive practices related to its Android mobile operating system. This case mirrored Google’s legal troubles in Europe, where the company was fined €4.34 billion ($5 billion) in 2018 for similar violations.

“No monopoly is permanent,” said Pavan Duggal, a cyberlaw expert, in an interview with DW. “In today’s cyber world, every monopoly is likely to be scrutinized with microscopic attention by competition regulators to ensure the freeing of the digital market ecosystem from monopolistic shackles.”

Duggal also pointed out that international antitrust rulings, like the one in the U.S., are likely to inspire more stringent regulatory scrutiny of tech giants in India. As India moves toward implementing new digital competition laws, these cases could play a pivotal role in shaping the regulatory landscape.

For now, India’s startups and tech companies are hopeful that the ongoing scrutiny of Google’s business practices will lead to a more competitive market environment, promoting fairness and innovation.

Source: Market Express