The Central government on Monday passed an order constituting a Committee on Digital Competition Law (CDCL) to examine the need for a separate law on competition in digital markets.
Four lawyers make up a part of this Committee headed by Ministry of Corporate Affairs Secretary, Manoj Govil.
The following will be the Committee's members:
- Competition of Commission Chairperson;
- Indian Angel Network Chairman Dr Saurabh Srivastava;
- Professor of Economics Dr Aditya Bhattacharya;
- Khaitan & Co Senior Partner Haigreve Khaitan;
- Chairman, IKDHVAJ Advisers LLP Harsha Vardhana Singh;
- Managing Partner Shardul Amarchand Mangaldas & Co Pallavi Shroff;
- Managing Partner, P&A Law Offices Anand S Pathak;
- Partner & Co-founder Axiom5 Law Chambers Rahul Rai; and
- Joint Secretary (Competition), MCA.
The order also stated that invitees, not below the rank of joint secretary, would be nominated from 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 include reviewing whether the existing provisions under the Competition Act, 2002 are sufficient to deal with challenges that have emerged as a result of the digital economy.
Further, the Committee will examine whether there is a need for a regulatory mechanism for digital markets through a separate legislation.
It will also study the international best practices on regulation of digital markets, as well as other regulatory regimes and government policies regarding competition in digital markets.
The Committee has also been given the charge to study practices of leading Systemically Important Digital Intermediaries which limit or have potential to cause harm in digital markets.
The order has sought a report, including a draft Digital Competition Act (DCA), from the Committee within three months.
[Read Order]