[Draft] iamai submission to Committee on Digital Competition Law


Annexure A. Multiple regulations for ACP


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draft iamai submission to committee on digital competition law 12242

Annexure
A. Multiple regulations for ACP

ACP

Current regulatory regimes

Anti-steering provisions

Competition Act, 2002 and Proposed Digital India Act

Platform neutrality/self-preferencing

Competition Act, 2002, Proposed Digital India Act and Proposed Consumer Protection (e-commerce) (Amendment) Rules, 2021

Adjacency/bundling and tying

Competition Act, 2002 and Digital India Act

Data usage (use of non-public data)

Competition Act, 2002 (to the extent permissible given the CCI’s jurisdiction and in line with judicial decisions including CCI v. Bharti Airtel, 2019 2 SCC 521) . Information Technology Act and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the proposed Digital Personal Data Protection Act and the Proposed Consumer Protection (e-commerce) (Amendment) Rules, 2021

Acquisitions and mergers

Competition Act, 2002, Companies Act, 2013 , FDI Policy and Securities laws

Pricing/Deep Discounting

Competition Act, 2002 and Proposed Consumer Protection (e-commerce) (Amendment) Rules, 2021

Exclusive Tie -Ups

Competition Act, 2002

Search/ranking Preference

Competition Act, 2002 and Proposed Consumer Protection (e-commerce) (Amendment) Rules, 2021

Restricting Third Party Application

Competition Act, 2002 and Proposed Digital India Act



Advertising Policies

Competition Act, 2002, Contract Act, 1972, Proposed Digital India Act and Proposed Consumer Protection (e-commerce) (Amendment) Rules, 2021


B. Comparison of the Big Tech Report with the DMA


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