Government panel includes lawyers to assess need for separate law on competition in digital markets

Government panel includes lawyers to assess need for separate law on competition in digital markets

The Committee is expected to file its report within three months

The Central government has passed an order constituting a Committee on Digital Competition Law (CDCL) to examine the need for a separate law on competition in digital markets.

Headed by Manoj Govil, the Ministry of Corporate Affairs Secretary, the four lawyers in the committee are:

- Haigreve Khaitan, Senior Partner, Khaitan & Co

- Pallavi Shroff, Managing Partner, Shardul Amarchand Mangaldas & Co

- Anand S Pathak, Managing Partner, P&A Law Offices

- Rahul Rai, Partner & Co-founder, Axiom5 Law Chambers

Others on the Committee include – the Chairperson of the Competition Commission of India; Dr. Saurabh Srivastava, Indian Angel Network Chairman; Dr. Aditya Bhattacharya, Professor of Economics; and Harsha Vardhana Singh, Chairman, IKDHVAJ Advisers LLP and the Joint Secretary for competition at the MCA.

The order also stated that invitees, not below the rank of joint secretary, would be nominated from the Niti Aayog, Department of Commerce, Department of Economic Affairs, Department of Consumer Affairs, Department for Promotion of Industry and Internal Trade, and Ministry of Electronics and Information Technology.

The Ministry of Corporate Affairs also elucidated the terms of reference for the committee. These included reviewing whether the existing provisions under the Competition Act, 2002 were sufficient to deal with challenges that have emerged as a result of the digital economy.

The Committee would also examine whether there was a need for a regulatory mechanism for digital markets through separate legislation. It will also study the international best practices on the regulation of digital markets and other regulatory regimes, and government policies on competition in digital markets.

The Committee has been given the charge to study practices of leading Systemically Important Digital Intermediaries which limit or have the potential to cause harm in digital markets.