Introduction
The Competition Act, 2002 ("Act") is
India's premier (and only) comprehensive competition
legislation, spearheaded by the Competition Commission of India
("CCI").
The Act has a wide scope in relation to the subject matter that
it governs. However, except for some ex-ante regulations in
relation to mergers and acquisitions, the Act functions to
implement ex-post enforcement against anti-competitive conduct.
While this aligns with traditional international mechanisms to
regulate competition, there have been inefficiencies creeping in,
primarily due to the growth of digital markets.
The need for an overhaul:
In recognition of the challenges posed by ex-post regulations,
the 25th Standing Committee on Finance (2025 – 2026), in its
report titled "Evolving Role of Competition Commission of
India in the Economy, Particularly the Digital Landscape"
("Standing Committee") emphasized that a
successful digital competition regime must strike a
