CONFLUENCE OF COMPETITION LAWS IN INDIAN ICT SECTOR: CHALLENGES FOR ANTI-TRUST REGULATORS

Abstract

The present paper delves into the issues and opportunities arising in the Information and Communication Technology Sector by the interface of competition laws. The interface pertains to the entire shift through digitization and combination of many previously distinct services. The ICT sector has seen paradigm shift due to the digitization of films and songs brought on by the advent of cheap data tariff. The impact on banking services like Unified Payments Interface (UPI), education sector like online classes and health sector like telemedicine is also being palpably seen. There are sufficient conditions due to ease of entry condition in these markets which is serving as an opportunity for markets to operate efficiently. At this juncture there is also an opportunity for horizontal and vertical integration which would result in bundling. All the companies in the ICT sector would look to make the best out of the available opportunities in these rapidly changing sectors. The competition law authorities in these changing sectors, there is a challenge in regulation of certain anti-competitive practices which may crop up market foreclosure and refusal to deal by those firms which are dominant. The dynamic efficiency needs to be considered in the longer run while applying competition law to the Indian ICT sector.