Author(s): Ram Kumar and Praveen Singh Chauhan

Abstract: The proliferation of e-commerce has profoundly reshaped competitive dynamics, presenting novel challenges to established competition law frameworks worldwide. This paper delves into the intricate relationship between competition law and e-commerce, examining how digital transformations have influenced market structures and regulatory paradigms. Central to this exploration are the implications of digital platforms' dominance, the barriers they pose to market entry, and the nuanced interplay between data privacy and consumer welfare in digital markets. The rise of tech giants like Amazon, Google, and Alibaba has raised concerns about their market power and its impact on competition. These platforms leverage vast data resources and network effects to entrench their positions, potentially stifling innovation and limiting consumer choice. Traditional competition law principles, designed for tangible goods and conventional market structures, often struggle to address the complexities of digital ecosystems where data-driven strategies and platform dynamics prevail. Moreover, barriers to entry in digital markets, including high capital requirements and access to critical data, further compound these challenges. Small and medium-sized enterprises (SMEs) and startups face uphill battles in competing with established digital giants, perpetuating market concentration and reducing overall market contestability. Data privacy emerges as another critical dimension of competition law in the digital economy. The collection, use, and monetization of vast amounts of consumer data raise significant concerns regarding consumer protection and fair competition. Privacy regulations, such as the GDPR in the European Union and evolving standards elsewhere, attempt to balance innovation with privacy rights, yet enforcement and compliance remain contentious issues. Against this backdrop, jurisdictions worldwide are grappling with adapting competition law to effectively regulate digital markets. Comparative analysis reveals varying approaches, from stringent enforcement actions to proactive legislative reforms aimed at bolstering competition in digital ecosystems. Policy recommendations include enhancing regulatory clarity, fostering interoperability among digital platforms, and empowering competition authorities with specialized expertise in data-driven markets.

DOI: 10.22271/27899497.2024.v4.i2a.89

Pages: 25-31 | Views: 660 | Downloads: 392

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