Against Per Se Illegality of Tying and Bundling in Digital Markets: Perspectives from the EU and India
The rapid global diffusion of digital technologies has prompted jurisdictions to abandon traditional effects-based competition enforcement in favor of rigid ex ante regulatory regimes. The European Union’s Digital Markets Act (DMA), often viewed as a "model law," exemplifies this shift by imposing per se prohibitions on a catalogue of practices deemed inherently anti-competitive. Among these, the categorical condemnation of tying and bundling is particularly striking. Unlike other DMA-listed practices, tying has a long, contested history in industrial economics, where it is associated with both foreclosure risks and significant efficiency gains.This paper argues that the transplantation of per se prohibitions on tying into ex ante frameworks neglects economic nuance and misrepresents technological reality. Through a comparative analysis of EU jurisprudence, existing Indian competition law, and the proposed Indian Digital Competition Bill, the paper demonstrates that earlier effects-based approaches were better equipped to distinguish exclusionary tying from welfare-enhancing "technological integrations." It further contends that digital markets do not eliminate classical efficiencies; rather, they intensify them through deep product integrations. Using a brief case study of an AI product, the paper illustrates how rigid rules misclassify innovation as anti-competitive and shows how minor exemptions in draft laws often produce legal uncertainty. Ultimately, the paper contends that the per se illegality of tying reflects political choices over sound economics. It suggests that emerging economies, particularly India, should modernize their effects-based jurisprudence instead of adopting blanket bans.
- Book Chapter
- 10.2174/9789815305456125010003
- Mar 6, 2025
This chapter presents an in-depth exploration of Digital Marketing, a pivotal element in today's business landscape. It begins with defining digital marketing as the utilization of digital channels, platforms, and technologies for promoting products or services. The chapter traces the evolution of digital marketing, detailing its transformation from the early days of websites and email campaigns to the current integration of advanced technologies like AI and augmented reality. It categorizes this evolution into distinct phases: Web 1.0, Web 2.0, the Mobile Era, and the Integration of Technologies. The chapter underscores the immense importance of digital marketing in modern business, highlighting its advantages such as global reach, cost-effectiveness, targeted marketing, real-time analytics, interactivity, adaptability, measurability, and personalization. These factors collectively contribute to its effectiveness compared to traditional marketing methods. Furthermore, the chapter explores the global context of digital marketing. It discusses how digital marketing overcomes geographical boundaries, allowing businesses to connect with a global audience efficiently and costeffectively. It emphasizes the role of digital marketing in facilitating international ecommerce and the importance of cultural sensitivity and localization in global marketing strategies. Additionally, it addresses the significance of real-time analytics for understanding diverse regional markets and the pivotal role of digital marketing in building global brands. In conclusion, the chapter establishes digital marketing not only as a fundamental aspect of modern business strategies but also as a dynamic and essential tool for global business success. It highlights its role in connecting businesses with diverse audiences, facilitating global commerce, and enabling effective communication and brand-building on an international scale. As the world grows more digitally interconnected, digital marketing stands as a critical driver of business success.
- Research Article
- 10.36647/ttassh/04.02.a001
- Jan 1, 2024
- Technoarete Transactions on Advances in Social Sciences and Humanities
Fashion marketing plays a crucial role in the creative Industrial Revolution (IR) 4.0, which is characterized by the integration of digital technologies, data analytics, automation, and connectivity. There are many marketing tools that can be used as a strategy to market their fashion products to consumers. The objective of this research is to identify the significance of digital marketing methods that influence the current existing fashion products and to suggest the comprehensive of implementation digital fashion marketing syllabus in the fashion studies program in Malaysia. The researchers use mix method to collect data from 193 respondents including fashion students (n=99), lecturers (n=34), fashion designers (n=16), fashion entrepreneurs (n=13) and others (n=31), in Malaysia to fulfill set of questionnaires that focus on the digital era of fashion industry and the importance of digital fashion marketing knowledge in the Industrial Revolution 4.0. Besides that, the researchers use interview instrument to collect data from three Malaysian Fashion Designers whereby they have reviewed the existing syllabus of Fashion Retailing applied at Politeknik Ibrahim Sultan, Kolej Vokasional Bintulu and Universiti Teknologi Mara, Malaysia. According to the data collection, the researchers found that there is a need to develop and empowering a good Fashion Digital Marketing topic in that syllabus at all Malaysian Institutions that offer Fashion Program. This research shows that digital fashion marketing studies and understanding are very important to fashion practitioners to enhance productivity and creativity in developing marketing strategies. In revolutionary of IR 4.0 scenario, it is very useful to implement the current digital fashion marketing knowledge as an important syllabus at all Fashion Institutions in Malaysia. It is a need for graduates to improve fashion retail industries in Malaysia and to abroad the market. It is also one of the initiative and awareness to educate the fashion practitioners and consumers in sustaining and practicing the SDG17 in daily lifestyle.
- Research Article
3
- 10.31891/dsim-2024-7(10)
- Aug 29, 2024
- Development Service Industry Management
Today's digital marketing is undergoing significant changes due to digital transformation. The article explores the key trends shaping the modern digital marketing paradigm, including process automation, content personalization, the use of big data, as well as the latest digital technologies such as VR and AR, artificial intelligence. The article pays special attention to the challenges and opportunities that companies face in the process of adapting to the digital environment. The article analyzes modern digital marketing tools. Today's digital marketing tools are essential for any business because they allow you to reach your target audience through a variety of digital channels. They provide effective interaction with customers, including personalization of communications and offers. During the study, the practical aspects of the integration of digital technologies into marketing activity with the aim of increasing its efficiency and effectiveness were determined. Modern digital marketing trends play a primary role in the development of a company's digital marketing strategy. A digital marketing strategy allows you to respond more quickly to changes in the market and adapt to new conditions, which ensures the sustainable development of the company in the conditions of the digital economy. In today's world, where digital transformation is transforming business processes and consumer habits, digital marketing is becoming a necessity for businesses in all sectors of the digital economy. An analysis of modern digital marketing trends demonstrates that automation strategies, the use of big data, personalization of content and the introduction of the latest technologies are critical for successful competition and attracting the modern consumer. Modern digital marketing tools are analyzed, the advantages of the development of digital tools in the context of digital marketing are determined and substantiated, practical aspects of the integration of the latest technologies in marketing activities are proposed to increase their effectiveness and efficiency. The integration of digital technologies and tools allows companies to quickly adapt to changing market conditions and remain competitive. This contributes to the creation of more flexible, adaptive and personalized marketing strategies that meet the modern needs of consumers. The results of the conducted studies emphasize the importance of constant improvement of marketing strategies and adaptation to rapidly changing market conditions to effectively use the potential of digital tools in marketing activities.
- Research Article
- 10.36085/jpmbr.v7i2.6633
- Aug 22, 2024
- Jurnal Pengabdian Masyarakat Bumi Rafflesia
The Indonesian Community Organization (PERMAI) in Penang, Malaysia, supports a diverse array of MSMEs known for their high-quality food, beverages, and handicrafts. To sustain their growth, these MSMEs must embrace digital marketing. Currently, many rely on outdated manual methods and have limited exposure to digital tools, which hinders their market reach and strategic optimization. In today’s digital age, mastering digital marketing is essential for these businesses to remain competitive and unlock their full potential. The program focuses on three primary goals: (1) Skill Development: Empower MSME entrepreneurs with key digital marketing skills, such as SEO, social media marketing, content creation, and data analytics; (2) Technology Integration: Transition MSMEs from manual to digital marketing systems, enabling effective use of digital tools and platforms; (3) Competitive Edge: Enhance the competitiveness of MSMEs in Penang by equipping them with the knowledge and skills to implement impactful digital marketing strategies. Targeted outcomes include hosting hands-on workshops tailored to MSME needs, providing ongoing support and mentorship, and sharing success stories and best practices through scientific publications and media. By addressing the need for digital marketing skills and setting clear goals, this program aims to boost the digital marketing capabilities of MSMEs in Penang, ensuring their sustained growth and competitive edge.Keywords: Digital Marketing; MSMEs; Technology Integration
- Research Article
- 10.31893/multirev.2025300
- May 13, 2025
- Multidisciplinary Reviews
This study uses bibliometric analysis to review and examine the prospects and obstacles of digital marketing in the agriculture sector, highlighting emerging trends and identifying key challenges. The data was collected from Scopus. Overall, 78 articles are considered for bibliometric analysis. The analysis encompasses a comprehensive review of academic publications, focusing on the adoption and impact of digital marketing tools such as social media, email marketing, and mobile applications. Findings reveal significant opportunities for expanding market reach, enhancing customer engagement, and increasing cost-effectiveness. However, the review also identifies substantial barriers, including the digital divide, resistance to technological adoption, and privacy concerns. To stimulate innovation and improve outcomes for farmers globally, the report emphasizes the need for continued research on the integration of these technologies in diverse agricultural contexts. This study underscores the importance of addressing these challenges through targeted education, improved infrastructure, and robust data protection measures. By providing a nuanced understanding of the current landscape, this review offers valuable insights for policymakers, researchers, and practitioners aiming to leverage digital marketing for the growth and sustainability of the agriculture sector. According to the report, the integration of digital technology (adoption of digital tools by smallholder farmers), the impact of social media, and the consequences of digital marketing on the supply chains of agriculture are the primary topics discussed. The review highlights the significance of present challenges to fully utilize the advantages of digital marketing and promote long-lasting growth in the agriculture sector. This study thoroughly comprehends the changing digital marketing trends in agriculture by analyzing existing literature. It also highlights potential areas for future research.
- Research Article
- 10.30574/wjarr.2025.27.3.3276
- Sep 30, 2025
- World Journal of Advanced Research and Reviews
Small and medium-sized enterprises (SMEs) in Anambra State face significant challenges in implementing strategic marketing practices, crucial for gaining a competitive advantage. This study examined the effect of strategic marketing and the competitive advantage of SMEs in Anambra State. The specific objectives are to determine the effect of digital marketing adoption on customer retention rates and to explore the effect of technology integration on sustainable growth. Data were collected using structured questionnaires administered to a population of 384 from seventeen (17) registered SMEs; only 291 were filled out and retrieved. Simple Linear Regression analysis was employed as the statistical tool to test the hypotheses. The findings revealed a statistically significant positive relationship between digital marketing adoption and customer retention rates, indicating that effective utilization of digital marketing strategies enhances customer loyalty. Additionally, technology integration significantly contributes to sustainable growth among SMEs. In conclusion, the study underscores the strategic importance of digital marketing for the sustainability and growth of SMEs in a competitive business environment. It is recommended that SME support agencies develop training programs to improve digital marketing literacy among staff, facilitating more effective utilization of digital tools to foster customer retention and overall business performance. This research contributes valuable insights to the existing literature on digital marketing in emerging markets, highlighting the need for targeted strategies to enhance SME competitiveness.
- Research Article
- 10.65221/0067
- May 1, 2025
- African Research Reports
Small and medium-sized enterprises (SMEs) in Anambra State face significant challenges in implementing strategic marketing practices, crucial for gaining a competitive advantage. This study examined the effect of strategic marketing and the competitive advantage of SMEs in Anambra State. The specific objectives are to determine the effect of digital marketing adoption on customer retention rates and to explore the effect of technology integration on sustainable growth. Data were collected using structured questionnaires administered to a population of 384 from seventeen (17) registered SMEs; only 291 were filled out and retrieved. Simple Linear Regression analysis was employed as the statistical tool to test the hypotheses. The findings revealed a statistically significant positive relationship between digital marketing adoption and customer retention rates, indicating that effective utilization of digital marketing strategies enhances customer loyalty. Additionally, technology integration significantly contributes to sustainable growth among SMEs. In conclusion, the study underscores the strategic importance of digital marketing for the sustainability and growth of SMEs in a competitive business environment. It is recommended that SME support agencies develop training programs to improve digital marketing literacy among staff, facilitating more effective utilization of digital tools to foster customer retention and overall business performance. This research contributes valuable insights to the existing literature on digital marketing in emerging markets, highlighting the need for targeted strategies to enhance SME competitiveness
- Research Article
1
- 10.30640/inisiatif.v3i1.1977
- Dec 12, 2023
- Inisiatif: Jurnal Ekonomi, Akuntansi dan Manajemen
In the rapidly developing digital era, digital marketing and promotional strategies have become the core of companies' efforts to achieve success and sustainable business growth. PT Penawar Legenda Maju (PLM), a leading network marketing company in Indonesia, has utilized digital marketing to achieve its business goals. Superior products such as PLMSaipress Drops, MySaipress Capsules, MyAdam, AdamQu Coffee, and BioSaipress Soap have won the hearts of Indonesian consumers thanks to their guaranteed quality and safety. This research uses qualitative methods with a descriptive approach to investigate the digital marketing strategies used by PT. PLM JAYA and analyze the impact of implementing digital marketing on relationships with consumers, company performance and economic development. The research results show that PT. PLM JAYA has succeeded in applying information technology theory efficiently, increasing operational efficiency, interacting with customers via social media, and optimizing digital marketing strategies. Digital marketing and promotions have become a key element in a company's marketing strategy, increasing brand awareness, sales and interaction with customers. By focusing on a specific target market, interesting content, performance measurement, and clear promotional messages, PT. PLM JAYA has succeeded in expanding market reach and achieving success in digital marketing of their products and services. This research provides valuable insights into the integration of information technology in digital marketing and promotional strategies, with practical implications for companies in various sectors looking to achieve competitive advantage in an ever-changing market. Digital marketing and promotions have become the driving force for modern business growth, and PT. PLM JAYA has succeeded in taking full advantage of this potential.
- Research Article
1
- 10.48175/ijarsct-13024
- Sep 21, 2023
- International Journal of Advanced Research in Science, Communication and Technology
Digital marketing encompasses all marketing efforts that leverage electronic devices or the Internet. It involves the use of electronic media by marketers to promote their products or services. The primary objective of digital marketing is to attract consumers to various brands through technology on the internet. Often referred to as 'online marketing,' 'internet marketing,' or 'web marketing,' digital marketing has gained popularity over time, especially in some countries. The rise of digital marketing is closely tied to the integration of advanced technologies into businesses. This transformation has completely revolutionized traditional marketing methods, compelling marketers to engage with their buyers or customers through the internet to sell their products and services. In India, digital marketing has witnessed significant growth, spanning across all business sectors, including e-commerce, online transactions, banking, online tracking, and more. Communication has become more seamless and rapid in a country like India, known for its vast and rapidly growing economy. In 1996, Business to Business (B2B) commerce made its debut in India, marking a significant milestone. Notably, digital marketing spending amounted to $0.57 billion in 2013, a figure projected to surge to $2.17 billion by 2019. This paper commences with a historical review of the evolution of online marketing. It delves into various types of internet marketing, shedding light on the significance of digital marketing and the opportunities and challenges that lie ahead. Emerging issues in marketing, such as security and privacy concerns arising from the creation of virtual spaces, are also addressed. Finally, we conclude by offering insights and potential solutions to address the forthcoming challenges.
- Research Article
- 10.29313/.v6i2.22746
- Aug 21, 2020
- Prosiding Hubungan Masyarakat
Abstract— The gaming industry is one of the fastest-growing industries, including in Indonesia. The growth is said to be rapid because the revenue of the games industry annually always rises. Trend Marketing is switching from conventional (offline) to digital (online). PT. Agate International as one of the largest developer games in Indonesia has made use of digital marketing to market its products. The digital marketing concept for the company is to be able to market its products from anywhere and anytime through the Internet. The purpose of the problem is raised, namely: (1) to know the process of digital marketing PR strategy PT. Agate International in Marketing Agate's visual novel games, (2) to find out the obstacles faced by Agate in marketing the novel visual games so as not to reach the main target, (3) To know why Agate uses influencers as one of digital marketing PR strategies. To reveal the question this research uses a type of qualitative research that is useful to provide facts and data on the application of digital marketing games visual novel Agate then the data is analyzed by the approach A case study that provides development of research studies. The data-collecting techniques use the in-depth interview technique to the key informant through purposive sampling and then do the observation, documentation, and library studies. The research subject is three employees of PT. Agate International, one digital marketing specialist, and two users of visual novel games. Data analysis technique with data reduction, data presentation, and withdrawal of conclusions. While the theory used in this research is the theory of excellence two-ways symmetric model. Based on the research of this study, PT. Agate International’s digital marketing strategy is aimed at goals, market research, commercial content reduction, and market validation. The challenge of the lack of awareness, lack of a budget, and improper use of the timeline is that the main goals are not attained. Keywords — Digital Marketing PR Strategy , Influencer , Visual Novel Games .
- Research Article
33
- 10.3727/108354212x13473157390885
- Nov 1, 2012
- Tourism Analysis
Islamic studies and Islamic research have gained a lot of interest and considerable attention from researchers, policy makers, and practitioners during the last few years as a result of the demanding desire to know more about Islam. However, regardless of the dominant position held by Islamic studies and Islamic research in today's research world, Islamic tourism is still very much less presented in the literature. this article aims to explore, analyze, and develop a clear understanding about the different factors affecting the adoption of digital marketing (D-marketing) by Islamic tourism organizations (ItOs) by building on the current body of knowledge in the field. the article systematically reviews the literature related to digital marketing adoption to understand its adoption by organizations working in Islamic tourism sectors. Based on this review and through linking digital marketing, technology adoption, technology diffusion, and Islamic Shariah theories, a conceptual model that links five factors (namely: internal environmental forces, external environmental forces, digital marketing adoption, digital marketing implementation, and digital marketing performance) is proposed to provide a clear understanding about the different factors affecting the adoption of digital marketing by Islamic tourism organizations. Future research is encouraged to build on this framework to test how internal and external environmental forces of Islamic tourism enterprises, along with its digital marketing implementation, influence its performance.
- Research Article
- 10.56294/digi2024103
- Jan 5, 2024
- Diginomics
Introduction: The study analyzed how digital marketing, consolidated as an essential tool nowadays, influenced consumer behavior. It was highlighted that technological transformation and global connectivity modified the ways of searching, comparing and acquiring products. Companies that strategically integrated communication, promotion, advertising and marketing were able to effectively connect with their public and improve their competitiveness.Development: The review of international, national and local precedents showed evidence that digital marketing impacted all phases of the purchase decision, from the identification of needs to post-purchase behavior. Research in countries such as Jordan, Ecuador and Kenya confirmed significant relationships between digital strategies - such as social media, mobile advertising, email and web optimization - and increases in sales and loyalty. In Peru and other regions, studies found that consistent application of digital tactics, including precise targeting and continuous interaction, strengthened brand visibility and improved revenue. In addition, economic, social, psychological and technological factors were found to influence purchase choice, and digital marketing had the ability to reinforce or modify these motivations.Conclusions: It was concluded that digital marketing was not only a communication channel, but a dynamic ecosystem that, well managed, generated measurable results in sales and customer loyalty. Its implementation required a deep understanding of the consumer, strategic creativity, technological integration and constant evaluation to ensure business competitiveness and sustainability in a changing market.
- Research Article
1
- 10.21639/2313-6715.2021.1.6.
- Jan 1, 2021
- Prologue: Law Journal
The article is devoted to the antimonopoly regulation of IT giants` activities. The author presents an overview of the main trends in foreign and Russian legislation in this area. The problems the antimonopoly regulation of digital markets faces are the following: the complexity of determining the criteria for the dominant position of economic entities in the digital economy and the criteria for assessing the economic concentration in the commodity digital markets; the identification and suppression of cartels; the relationship between competition law and intellectual property rights in the digital age. Some aspects of these problems are considered through the prism of the main trends in the antimonopoly policy in the United States, the European Union, the United Kingdom and Russia. The investigation findings of the USA House of Representatives Antitrust Subcommittee against Apple, Google, Amazon and Facebook are presented. The author justifies the need to separate them, which requires the adoption of appropriate amendments to the antimonopoly legislation. The article analyzes the draft law of the European Commission on the regulation of digital markets – Digital Markets Act, reveals the criteria for classifying IT companies as «gatekeepers», and notes the specific approaches to antimonopoly regulation in the UK and the US. The article describes the concepts «digital platform» and «network effects», presented in the «fifth antimonopoly package of amendments», developed in 2018 by the Federal Antimonopoly Service of the Russian Federation, and gives an overview of the comments of the Ministry of Economic Development regarding these concepts wording in the text of the draft law, which formed the basis for the negative conclusion of the regulator. It is concluded that in the context of the digital markets’ globalization, there is a need for the international legal nature antitrust norms formation, since regional legislation obviously cannot cope with the monopolistic activities of IT giants.
- Research Article
1
- 10.30525/2661-5150/2020-3-8
- Dec 18, 2020
- Three Seas Economic Journal
The purpose of the paper is a qualitative analysis of mobile applications as a sales promotion tool in industrial (B2B) marketing of glass companies. Industrial marketing of the glass industry is poorly studied in terms of digital technology development and integration as well as mobile applications as tools for digital marketing communications. B2B companies’ digitalization is at the initial stage. Methodology. This research builds on the concepts of digital B2B marketing, the digitization capability of B2B companies, customer relationship building, and customer focus. The research methodology is based on the case study of ABC company and the content analysis of information available on the ABC’s website in the public domain. A content analysis was conducted of the patent for a method for determining the coated glass coating type using an application and a light source. Results demonstrate problems related to digital marketing concepts integration, customer focus, and customer relations formation. The results show an active digital strategy use for the company’s business growth through software development and integration of end product interactive visualization tools. As a result, additional business value is formed: 1) end customer company focus; 2) product knowledge development and B2B services personalization; 3) manufacturers transfer some sales and communication functions to their customers, which solves the problem of staff rotation in the sales subsystem; 4) the application becomes a tool for customer behaviour analysis. Mobile applications complement any traditional product promotion channels. The main domestic industrial market challenge is the poor rate of readiness for digital changes: applications become an effective marketing communication tool only when customers use them. Practical implications. Companies in different industries can use the results to understand real issues of applications integration in marketing strategy and communication. These problems include the digital unpreparedness of the Russian domestic market to accept new technological solutions. Value/originality. This research proves that mobile applications increase sales and is effective if company personnel, end users and B2B customers actively use them. Applications complement traditional B2B marketing channels.
- Research Article
- 10.17770/sie2019vol6.3685
- May 21, 2019
- SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference
The aim of the research is to determine the preconditions for integration the Ukrainian digital market into the EU's Digital Single Market. The article is devoted to the definition of preconditions integration of Ukraine into a single digital market EU in accordance with the realities of the domestic market digital integration priorities. The article is identified trends in the development of Ukrainian market of digital technologies, comparison of individual indicators it development of appropriate indicators of the EU countries, revealed the degree of difference between these principles and trends, directions outlined measures to solve the problem "digitalization" Ukraine and creation of favorable conditions for cooperation with the European Union in the field of information and communications technology and future integration into the EU single digital market. It also identified high priority digital media channels and reasonable "gap" priorities of digital media distribution channels, due to the level of ICT use in countries. The paper analyzed Internet Stats and Facebook Usage in Europe and the necessity for priorities of the digital media space, depending on the selected region of the distribution at the stage of development of a marketing strategy. The research employed the following methods: monographic and descriptive, analysis and synthesis, comparative analysis, and statistical analysis.