"Difficulties with Competition Law in E-Commerce, with Particular Reference to Digital Economy Regulation"
Aman S. Gupta
Assistant Professor
Department of Law,
VNSGU
Email id:- amangupta200220@gmail.com
Dr. Yashodhara a. Bhatt
Coordinator & Assistant Professor
Department of Law,
VNSGU
Email id:- yabhatt@vnsgu.ac.in
Dr. Monika Brahmbhatt
Assistant Professor
Department of Law
VNSGU
Email Id:- mdbrahmbhatt@vnsgu.ac.in
Dr. Monik Shah
Assistant Professor
Department of Law
VNSGU
Email Id:- monikshah9918@gmail.com
Abstract
The expansion of e-commerce and the digital economy have profoundly transformed market dynamics, customer behaviour, and the framework of global trade. Although these advancements improve efficiency and innovation, they also pose intricate issues for competition law, which was originally established to govern conventional physical marketplaces. Predatory pricing, deep discounting, self-preferencing, data-driven monopolization, and network effects present substantial risks to equitable competition in digital markets. This study analyses the difficulties encountered by competition authorities in tackling anti-competitive behaviours in e-commerce, particularly emphasizing the regulatory measures arising inside the digital economy. The examination, utilizing case studies from India, the European Union, and the United States, underscores enforcement deficiencies, challenges in delineating pertinent markets, and the constraints of current legal frameworks. The report finishes by recommending amendments to enhance competition law, ensuring a balanced approach that encourages innovation, safeguards consumer welfare, and develops a fair and inclusive digital marketplace.
Keywords:- E-commerce, Digital economy, Competition law, Anti-competitive behaviour, Predatory pricing, Deep discounting, Self-preferencing, Data-driven monopolization, Network effects, Regulatory challenges, Market delineation, Consumer welfare, Digital marketplace, India, European Union, United States
