The committee, in its report titled ‘Anti competitive practices by Big Tech companies’ has listed some undesirable practices followed by big tech players and said that a code of conduct-based approach (ex-ante approach) is indeed for regulating Big digital market players. Certain undesirable market practices pointed out by the panel are as follows
- E-commerce platforms pushing their own private labels over third party brands sold in their platforms.
- Using personal data of their customers to get ahead of their competitors.
- Bundling various products and services.
The panel recommended that government should define Systemically Important Digital Intermediaries (“SIDIs”) that need tighter regulations. The classification of SIDI can be done on the basis of market capitalization, revenues and number of active users. It further recommended for enhancing the powers of Competition Commission of India (“CCI”) and setting up of specialized digital market unit with skilled experts,attorneys and academicians within CCI.
It recommended that SIDIs should refrain from pushing their own offers over the offers of its competitors on their platforms. SIDIs might have to submit a report to CCI highlighting the measures taken to fulfill their obligations and the summary of report shall also be published on their websites.