IAMAI View On Draft Digital Law Not Shared By All Constituents: Four Members Inform MCA
IAMAI View On Draft Digital Law Not Shared By All Constituents: Four Members Inform MCA
Four members of the Internet and Mobile Association of India (IAMAI) have penned a letter to the Ministry of Corporate Affairs (MCA), voicing dissenting opinions from the association’s recent stance against the proposed ex-ante regulation in the draft Digital Competition Bill (DCB).
Bharat Matrimony, Match Group, Hoichoi, and ShareChat, representing the companies, highlighted that IAMAI's submission did not accurately represent the entirety of the digital startup ecosystem or the diverse membership of over 540 companies. They urged the ministry to promptly implement ex-ante regulations to address what they perceive as the anti-competitive practices of major tech companies.
Ex-ante regulations are proactive measures designed to prevent or deter certain practices. In contrast, the current Competition Act (2002) operates on an ex-post framework, wherein the Competition Commission of India (CCI) intervenes after an anti-competitive act has taken place.
The Committee on Digital Competition Law published its report in March this year, delineating the challenges associated with anti-competitive practices in digital enterprises, such as anti-steering, self-preferencing, tying, and bundling in the Indian digital markets. The report advocated for a Digital Competition Bill to further regulate significant digital enterprises, including news aggregators, to ensure fair competition and a level playing field in the digital realm. The draft bill proposes ex-ante competition regulations for major players like Amazon and Meta.
The report underwent public consultation, with the deadline for comments set for May 15. While IAMAI had submitted its comments opposing the proposed ex-ante regulations, the four companies argue that the objections against the ex-ante provisions overlook the fundamental realities driving discussions about ex-ante regulation both domestically and internationally.
