Abstract
When an organisation acts independently of the dynamics of the competitive market and attracts the greatest number of customers, it enjoys a dominant position in the market. It has been repeatedly proven through a series of cases that a dominating actor may try to engage in actions that are an abuse of their dominant position and hence, anti-competitive, resulting in a chilling effect on efforts to create perfect competition. In a fast-developing digital technology market, it is expected that the competition enforcement machinery will adopt measures that can be applied to dynamic competition. With the South Korean government bringing in a stricter legislation to control such misuse, would an attempt to shift from ex-post facto mechanism to an ex-ante framework afford a possible solution to bring in effective changes to circumscribe abuse of dominance in the digital marketspace? This paper tries to comparatively analyse the recent law passed by South Korea, nicknamed the “Anti-Google law”, and how India can take inspiration from it to implement changes to existing laws.
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