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The European Union (EU) Digital Markets Act (DMA), which aims to curb the power of large tech companies, could spark another round of push with such companies in India, according to experts.
“The EU’s General Data Protection Regulations (GDPR) was a domestic law but we saw its impact around the world. DMA, too, will have a similar impact in many areas, ”said N.S. Nappinai, High Court attorney and online legal expert.
Cooperation, for example, has always been emphasized as a necessary mandate to demolish senior positions, and this is “an acceptable move from a consumer perspective,” Nappinai said.
Once the DMA rules are in place, it is likely that someone in India will “rise up and seek solutions through competition laws, thinking that stadiums do not expand India itself,” he added.
Similarly, technical policy analyst Prasanto K. Roy, pointed out that the Competition Commission of India (CCI) regularly takes note of the rules and regulations set by the European Commission, the EU’s top branch, when making decisions. CCI is currently investigating a number of competition cases at companies such as Google and Apple.
To be sure, a number of legal issues such as enforcing cooperation, restricting competition, and protecting data confidentiality are already a contentious issue between government agencies and major technology firms, say policy experts and online legal experts.
“It will lead to a lot of discussion about ex-ante laws (rules and regulations built on the expectation of future events) in digital markets,” said Isha Suri, senior researcher at the Center for Internet and Society (CIS). “And that’s not just in India; authorities around the world are talking about it,” he added.
Suri also noted that collaboration, which is a key component of DMA, could be a “very effective” way to promote competition and “hold big companies accountable”.
DMA’s interaction rules will allow smaller platforms to require large security firms to open their services, allowing users to send files and exchange messages across all platforms.
He pointed out, for example, that while WhatsApp was making changes to its privacy policy, many users resorted to Signal and Telegraph because of their privacy choices. But they were unable to uninstall WhatsApp as their multimedia network was still in use.
The DMA also seeks to regulate and restrict “assassination”, which could allow larger forums to find smaller competitors and use that potential to kill potential competition. For example, in the US, the social networking site Facebook is accused of doing just that with its acquisition. of Instagram and WhatsApp, while Facebook and Google’s investments in India’s Reliance Jio have raised similar questions at times.
“Both the GDPR and the DMA are based on the fact that Europe has been at the forefront of the digital industry, compared to the US. Bhattacharya, founder of the Center for Digital Economic Policy Research (C-DEP).
“From the Indian perspective, a lot of things are worth a DMA loan,” he added.
To be sure, some of the new DMA rules are already part of the Indian Competition Act.
CCI, for example, has filed a Class 4 violation against Google in some cases, alleging that it prefers the Google Pay payment platform over others in the Google Play Store and Android app. Section 4 of the Indian Competition Act aims to prevent businesses from abusing senior positions in the market.
