Hey folks. Last week, IFF submitted a response to the Ministry of Corporate Affairs’ public consultation on a draft Competition Amendment Bill which will update Indian competition laws. Read more about IFF’s submission here.
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internetfreedom.in/read-iffs-resp…
While we applaud some of the MCA’s proposed amendments our submission provides institutional recommendations to improve CCI capacity, maintain CCI independence, improve CCI coordination and ensure specialisation in appellate matters.
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We opposed the proposal to provide an exception for IP holders in abuse of dominance cases. This may be misused as a common defence tactic and could be problematic in cases relating to essential facilities.
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We relied on works of @Kathuria18 to arrive at the above position.
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spicyip.com/2020/03/draft-…
We address the need to improve current remedies under the competition act, in the context of technology markets. The Government must appreciate the intrinsic relationship between competition laws and people’s rights like the right to privacy.
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privacyinternational.org/explainer/2293…
We also cite how global competition authorities like the @FTC in the US look at competition as an issue which look at competition as a domain in conjunction with user rights related issues like online privacy.
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ftc.gov/policy/hearing…
Our research also finds that competition authorities in Germany and France already look at regulating matters in the context of personal data, competition and privacy in a holistic manner.
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bundeskartellamt.de/SharedDocs/Pub…
Unfortunately, the CCI has previously stated that privacy is an issue which resides outside its jurisdiction. We suggest the Competition Amendment be tweaked to embed privacy and human rights considerations into decision making for technology markets.
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For more feel free to read our entire submission here. We are open to any feedback to help improve our positions on competition and tech moving forward.
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drive.google.com/file/d/14c9eT4…
Uncle Ben taught us well! Our objective is to hold large platforms accountable and to support individual and entrepreneur centric innovation. You too can jump on the cause and #SaveTheInternet. Help us by donating or becoming an IFF member today!
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internetfreedom.in/donate
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