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Market Chatter

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Competition Law and the Not-so-Free Market in India: The Realities of our Second Best Universe

Dr. Rishad Ahmed Chowdhury, Advocate-On-Record, Supreme Court of India

While Coal India Ltd v. CCI confirms that competition law applies equally to public and private enterprises, formal equality masks deeper distortions. State dominance, implicit public sector advantages, opaque governance, and private manipulation limit what competition law can achieve. Sustainable competition ultimately depends on transparent, rule-based governance beyond antitrust enforcement.

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Dialogue

Global Lessons in Taming the Titans: Regulate, Litigate or Reconcile?

Deepika Kapoor

As digital giants tighten their grip on global markets, regulators face a crucial choice: regulate in advance or litigate after harm occurs. Comparing the EU’s ex-ante Digital Markets Act, the US’s ex-post litigation model, and India’s cautious middle path, this piece argues that the real solution lies not in picking sides but in designing a balanced, adaptive framework that protects competition without stifling innovation.

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