Ex-Ante Regulation of Systemically Significant Digital Enterprises: A Legal Appraisal of India's Draft Digital Competition Bill vs. the EU's Digital Markets Act

As platform economies grow increasingly concentrated, competition law struggles to keep pace with the emergence of ‘Big Tech’ companies. Traditional ex-post enforcement measures are increasingly seen by regulators worldwide as too slow. This paper presents a legal appraisal of India’s draft Digital Competition Bill, focusing on its proposals for identifying Systemically Significant Digital Enterprises within the country’s digital market, and compares it with the European Union’s Digital Markets Act, 2022. Both frameworks adopt a proactive, forward-looking approach to controlling anti-competitive conduct by major technology firms. Still, the analysis reveals significant differences between the two in the designation of companies, the obligations imposed on them, and the rules of enforcement, differences that reflect distinct economic priorities. The European Union framework targets gatekeepers, that is, large technology platforms that control crucial online services, on the basis of their market position and the risk of anti-competitive behaviour, whereas India’s Digital Competition Bill focuses on preventing broader harms to the digital ecosystem. The paper suggests that although the Competition Act can deal effectively with unfair practices, a more flexible, rule-based regulatory framework would better equip authorities to handle market unpredictability, legal challenges and procedural delays, ultimately fostering fairer competition. It concludes with a series of recommendations aimed at strengthening the design of India’s digital competition framework.