Events

Speaker:
Mr. Parthsarathi Jha, Partner, Economic Law Practices

Moderator:
Dr. Namita Wahi, Senior Fellow, CPR & Founding Director, Land Rights Initiative

This is the seventh in a series of talks on “Legal History” as part of the Land Rights Initiative Speaker Series. This series is part of the Land Rights Initiative’s 10 year anniversary celebrations.

This event will be held in hybrid mode at the CPR Conference Room and online over Zoom. Please register below to attend either in person or via Zoom. Refreshments will be served.

About the talk:
Last month, in a landmark decision, the Competition Commission of India (“CCI”) imposed a penalty of Rupees 213.14 crore against tech giant Meta, formerly Facebook. The CCI also directed remedies, including a ban on WhatsApp sharing user data with other Meta companies for advertising purposes. This case marks the first instance where privacy was considered a non-price competition factor in competition analysis. Non-price competition factors refer to elements such as product quality, customer service, and privacy policies, which can influence consumer choice and market dynamics, even when price is not directly involved. The CCI’s decision in this case underscores India’s increasing focus on regulating digital markets, as privacy and data control are becoming central to competition law in the digital economy. Over the last fifteen years, the CCI has become a key player in regulating competition in India, particularly with growing concerns over Big Tech’s market power and its potential to distort competition. This has led to a broader global focus on antitrust actions in the digital economy, with India adapting its competition framework to address the challenges posed by technology giants.

India’s competition law has a long and complex history, shaped by the country’s political, economic, and constitutional context. The roots of Indian competition law can be traced to the British common law tradition, which sought to regulate monopolistic practices as early as the 16th century. This influence continued in India through early trade regulations under the Indian Contract Act of 1872. However, the most significant developments occurred after independence, with the adoption of the Indian Constitution in 1950. The Constitution enshrined both the right to trade (Article 19(1)(g)) and principles aimed at preventing the concentration of economic power (Articles 39(b) and (c)). In line with these constitutional goals, the Monopolies and Restrictive Trade Practices (“MRTP”) Act, 1969 was introduced to curb monopolies and prevent excessive economic concentration. While the MRTP Act primarily focused on market structure, it was criticised for not addressing the rapidly changing economic environment—particularly following India’s economic liberalisation in the 1990s. This gap led to the enactment of the Competition Act, 2002, which adopted a more dynamic, behavioural approach to competition regulation, replacing the MRTP Act. The new law also led to the establishment of the Competition Commission of India (CCI), tasked with investigating anti-competitive conduct and promoting fair competition in India’s growing market economy.

The Speaker will trace the evolution of competition law in India, examining its origins, the challenges of the MRTP Act, and the transformative shift brought about by the Competition Act. The talk will explore whether the Competition Act marked a true departure from its predecessor and assess the evolving role of the CCI, particularly in the digital age. The Speaker will also discuss the global influence of antitrust regimes, especially from the United States and the European Union in shaping Indian competition law, particularly in the context of digital markets.  As the rise of Big Tech raises complex questions regarding market dominance, data control, and innovation, the speaker will consider how India’s competition law can adapt to these challenges. Balancing consumer welfare, market fairness, and promoting innovation will be central to the discussion. The proposed Digital Competition Bill, which aims to address the specific concerns raised by digital markets, will also be analysed, particularly with regard to ex-ante regulation and its potential impact on innovation.

About the speaker: 
Mr. Parthsarathi Jha is a Partner in the Competition Law & Policy and International Trade & Customs practices at Economic Law Practices. He advises clients on a broad range of matters, including merger control, antitrust issues, trade remedy investigations (anti-dumping and safeguards), and customs disputes.

In competition law, Mr. Jha advises clients on issues relating to regulatory compliance, investigations, and merger filings. He has represented clients in high-profile cases related to anti-competitive practices and market dominance. In trade law, Mr. Jha has represented the Government of India in several WTO disputes, including DS510 (India — Certain Measures Relating to Solar Cells and Solar Modules) and DS579/DS580/DS581 (India — Measures Concerning Sugar and Sugarcane). He specialises in anti-dumping, safeguards, and trade policy compliance, advising clients across sectors like chemicals, pharmaceuticals, and steel on government investigations and cross-border trade issues. Mr. Jha has significant experience in mergers and acquisitions, advising on corporate transactions, due diligence, and joint ventures across diverse industries.

Mr. Jha has been recognised as an Up-and-coming Lawyer for Trade in Chambers Asia-Pacific and in ALB’s India Rising Stars 2022.  He is licensed to practice law in both India and the State of New York, USA.  Mr. Jha holds an LL.M. from Harvard Law School (2014) and B.A. LL.B. (Hons.) degrees from Hidayatullah National Law University, Raipur (2008).