Concerns about the inadequacies of the existing Indian
regulatory regime for competition law for digital markets were
growing for a while. In February 2023, the Ministry of Corporate
Affairs ("MCA") constituted a Committee
on Digital Competition Law ("CDCL") to
evaluate the need for a separate framework regulating competition
in Indian digital markets. This also coincided with the 2022
introduction of Digital Markets Act
("DMA") in Europe which came into effect
in May 2023. This is an ex-ante regulation to deter
anti-competitive practices in European digital markets, which also
acknowledged that the existing competition regime was sound and
allowed enough flexibility for growth of digital
economies.1 On March 12, 2023, the aforesaid committee
published its report along with the draft Digital Competition Bill,
2024 ("Draft Bill") which outlined the
criticality of regulating competition in digital markets,
specifically, in presence of an ex-post regu
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