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The swift advancement of India’s digital economy entails a closer examination of how data protection and anti-trust laws intersect. This paper explores the interface between India’s Digital Personal Data Protection Act, 2023 (DPDPA) and its anti-trust laws regime, namely the Competition Act of 2002 and the proposed Digital Competition Bill, 2024 (DCB). This paper analyses the role of Private Data as a pivotal competitive asset in digital markets, raising concerns at the nexus of privacy and competition. Through a doctrinal analysis, we review relevant literature and jurisprudence, including an OECD working paper and scholarly contributions, to understand global perspectives on the competition privacy interface. This is followed by a comprehensive legal scrutiny of the Indian frameworks, coupled with case studies of recent landmark decisions by the Competition Commission of India (CCI), in particular, CCI’s orders against Google (Android licensing and Play Store billing) and Meta (WhatsApp’s 2021 privacy policy). A comparative jurisprudential lens is applied, examining the European Union’s approach (Article 102 TFEU, the Digital Markets Act (DMA), and the German Meta case) to highlight convergent trends and lessons for India. The analysis reveals significant areas of overlap between privacy and competition regulation, for instance, how misuse of user data by dominant firms can both violate privacy rights and harm competition, as well as gaps where neither regime alone adequately safeguards consumer welfare. Finally, the Paper offers policy recommendations for harmonizing data protection and antitrust enforcement in India’s digital economy. The Paper advocates for cooperative regulatory mechanisms and calibrated reforms to address data as a competitive asset while protecting individual privacy, thereby ensuring innovation, fair competition, and user safety in the digital age.
Keywords:
Indian Digital Data Protection Act, Digital Competition Bill, Competition Act
Cite Article:
"Critical Analysis on the Interface between Indian Digital Data Protection Act & Digital Competition Bill", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 4, page no.d198-d233, April-2025, Available :http://www.ijrti.org/papers/IJRTI2504323.pdf
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ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator