Global Perspective as per Report – While India is at a stage of rapid digitalization, so are the other International Jurisdictions. The Standing Committee has also analyzed the angle of anti-trust laws in other countries setting focus on ex-ante regulatory model and its need for enforcement in Indian digital markets. Since there has been a growth in large digital enterprises, bringing in ex-ante regulations has become the need of the hour for businesses as well as consumers. It can be seen that other countries have already started their journey towards the implementation of an ex-ante framework and a few of them have been successful in its enforcement as well.
For instance, the International Jurisdiction of European Union has added ‘ex-ante framework’ through the introduction of Digital Markets Act Regulation which came into force in the year 2022. The said regulation imposes ex-ante obligations on large digital undertakings with regard to anti-competitive activities. In addition, Germany and Australia have also introduced an ex-ante model by bringing in an amendment to their previous anti-trust laws. Moreover, bills and draft guidelines have been introduced in the United Sates of America and China respectively as they are in the process of bringing in ex-ante regulations into force. Further, Japan has also introduced a separate legislation, an ex-ante instrument, called Transparency and Fairness of Digital Platforms which came into force in 2021.
Although, we are inclined towards the implementation of International Best Practices in the Indian Digital Economy, an ex-ante framework is unique in its type. Therefore, it cannot be the same for all the jurisdictions as it may differ in line with every country’s unique and different social, political, and economic requirements.
Source: Barandbench
