This Long article has been written by Aseem Simlote. He is a Law Student at S.S Jain Subodh Law College, Jaipur, Rajasthan.
ABSTRACT
In the digital age, traditional notions of market power and competition are being upended by the rapid rise of
tech giants such as Google, Amazon, Meta (formerly Facebook), and Apple. These firms operate in multi-sided markets where data is the new currency, and services are often offered for free, raising significant challenges for the application of existing competition law frameworks. The classical focus of antitrust enforcement on price effects and output limitations struggles to capture the full scope of dominance exerted in zero-price markets. This article seeks to reassess the foundations of competition law in the face of digital dominance.
Beginning with an exploration of the shift from price-centric to data-centric models of market dominance, the article analyzes how big tech companies accumulate, control, and monetize vast troves of personal data to entrench their market position. It further examines the unique challenges of enforcing abuse of dominance provisions in environments where consumers are not charged in monetary terms but pay with their attention
and data.
The article also investigates the roles of algorithms, self-preferencing, and gatekeeping behaviors, which allow dominant platforms to control market access, favor their own services, and manipulate market outcomes in their favor. A comparative study of global antitrust responses—including the European Union’s Digital Markets Act (DMA), ongoing antitrust reforms in the United States, and the actions of India’s Competition Commission (CCI)—offers insight into how jurisdictions are adapting their legal frameworks to respond to these new market dynamics.
The article concludes by advocating for a modernized, principle-based approach to competition law that incorporates technological realities, ensures fair digital markets, and safeguards innovation and consumer welfare. This includes recommendations for legislative amendments, broader definitions of market power, and enhanced enforcement tools for competition authorities.