This paper throws light on the debate going on around the world over the application of competition law rules to hi-tech markets in today’s new digital/information economy. In the absence of a specific regulator, presently, CCI (Competition Commission of India) will have to be what FTC (Federal Trade Commission) has become – the “de facto regulator of Internet commerce”. The author argues that it is important for the government to help assure that the industry will be shaped, during its current malleable phase, along competitive lines. Undoubtedly, vibrant competition is a pre-requisite for enduring economic success. It would be ironical if competition authorities inhibit innovation while pursuing their objectives of accelerating growth and competition.
Key points discussed
Do innovation product markets foster competition or does competition
Whether price cuts are considered predatory by an ‘efficient competitor’ especially in case of a disruptive entrant?
Points elaborated in the paper
Disruptive entry can create tensions between regulation and competition policy
Challenges-Where the Regulatory & Financial Risk Lies in the “Marketplace” model
Intellectual Property and Antitrust—Standard Essential Patents (SEPs)
Vertical Restraints and Barriers to Entry