Indian Society of Artificial Intelligence and Law Technical Report Series
included allegations of abuse of dominance by means of predatory pricing & other anti-competitive behaviour. The CCI’s order in the Ola & Uber cases indeed reflect the challenges faced in regulation of the platform markets. The CCI rejected the claims in almost all of the cases, primarily on the ground that Ola & Uber did not enjoy dominance in the market. The decision of the Commission has caused much debate. In recent years, quite a number of reports have been published by antitrust organizations & authorities as well as independent experts all over the world. Notwithstanding, none of the existing Indian laws/regulations holistically award attention to competition issues in digital markets. In view of the rapid growth of the digital & disruptive markets, there is an urgent need for the framing of guidelines with respect to the same.
Scope of the Information Technology Act, 2000 on Disruptive Technologies In January 2005, the government established an expert group to examine the IT Act. The group consisted of members from the government, the information technology industry, and legal experts, among others. It discovered significant flaws in the current Act and issued a report in August 2005. It was recognized that several amendments to the current IT Act, 2000 were necessary considering worldwide and national trends, particularly in the field of data protection and privacy. They noted that the discipline of cyberlaw is still in its infancy, with expertise in its development and application still growing globally, and particularly in India. The committee proposed that the IT Act be technology neutral after careful analysis and debate. It reviewed data protection and privacy regulations and suggested stringent restrictions for the management of sensitive personal data. The committee examined the topic of intermediary responsibility and proposed modifications based on the European Union's E-Commerce Directive. It recommended harsh penalties to deter child pornography and offered suggestions about computer-related crime and electronic evidence.
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