Considering Data as a Parameter for Establishing Dominance under the Competition Act, 2002: Lessons from the EU and the US

The advent of the digital age from 1995 onward, when internet first became open for the public at large, heralded an era of novel enterprises that were hitherto unheard of. It ushered in unique business models that catered to consumers in the farthest reaches of the planet. Over the last three decades, digitalization has transformed many sectors of our economies and forced a re-think of what “dominance”, “consumer harm” and other established principles of competition law mean. Datasets and algorithms are among the most important technological drivers of this change as they enable firms to be more innovative and efficient.