Abstract

In today’s digital sphere, the impact of technology on consumers and competition has attained much significance. With the prominent technological advancements, data have gained an economic value due to the increased revenue accruing from data-related services,1 thereby making data protection a paramount concern.2 Privacy is also emerging as a non-price parameter of competition.3 Further, the economics of data also favours market concentration and dominance as noted by the Organisation for Economic Co-operation and Development (OECD).4 Despite data evolving as arguably a key parameter of competition, there is a tension between Data Protection laws (‘DP laws’) and competition laws. A significant cause for such tension being that for the tension being that the DP laws prohibit the exploitation of users’ data, whereas the competition law promotes data being public to ensure the prevention of monopolistic behaviour. This article presents and analyses recent developments in Indian competition...

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