The rise of the Big Tech has led to new questions of law in the field of competition across the globe (Wang, 2017). From determining ‘winner takes all’ strategy to providing a level and just playfield to the economic market players, the regulators have experimented with multiple approaches – from enacting new legislations to enforcing the existing competition legal framework – to better regulate the given sector by assessing the conduct of the economic entities, as well as of the end-consumers (Fox, 2014).

Few of the questions which have been recurrent in appearing for the resolution include determination of ‘fair’ and ‘unfair’ trade practices in the digital markets, possible ‘conflict of interest’ for the entities which act both as the player, as well as the platform, and counting reasonable profit-margin for the Big Tech entities wherever services from other intermediaries are involved, among many (Khan, 2019). An overarching question to this discussion has been how Big Tech companies collect user-data, and the subsequent approach adopted by the regulators to scrutinize such a conduct. A major part of this process also revolves around delineating the ‘relevant market’ and imposition of excessive/predatory pricing, if any.

The said research is an attempt to study the competition landscape in the digital markets, and assess the conduct of Big Tech companies in line with the enactment of various antitrust statutes. The research would particularly focus on the search results produced by the search engines and app stores to understand if there is any chance of bias in the system for certain products, and how does it adversely affects the larger economic and democratic setup in the best interests of consumer welfare. The study, in order to generate such an evidence, would rely on both primary and secondary researches to form a holistic understanding, thereby assisting both the reader, as well as legislator, in better regulation and policy formulation.

1. Binbin Wang, and Xiaoyan Li. “Big Data, Platform Economy and Market Competition: A Preliminary Construction of Plan-Oriented Market Economy System in the Information Era.” World Review of Political Economy 8, no. 2 (2017): 138-61. Accessed February 7, 2021. doi:10.13169/worlrevipoliecon.8.2.0138.
2. Hemphill, C. Scott. “DISRUPTIVE INCUMBENTS: PLATFORM COMPETITION IN AN AGE OF MACHINE LEARNING.” Columbia Law Review 119, no. 7 (2019): 1973-2000. Accessed February 7, 2021. doi:10.2307/26810856.
3. Suominen, Kati. Report. Center for Strategic and International Studies (CSIS), 2020. Accessed February 7, 2021. doi:10.2307/resrep26988.
4. Fox, Eleanor M., and Deborah Healey. “WHEN THE STATE HARMS COMPETITION— THE ROLE FOR COMPETITION LAW.” Antitrust Law Journal 79, no. 3 (2014): 769-820. Accessed February 7, 2021.
5. Denicolò, Vincenzo, and Luigi A. Franzoni. “ON THE WINNER-TAKE-ALL PRINCIPLE IN INNOVATION RACES.” Journal of the European Economic Association 8, no. 5 (2010): 1133- 158. Accessed February 7, 2021.
6. Khan, Lina M. “THE SEPARATION OF PLATFORMS AND COMMERCE.” Columbia Law Review 119, no. 4 (2019): 973-1098. Accessed February 7, 2021. doi:10.2307/26632275.
7. Rubin, Paul H. “Emporiophobia (Fear of Markets): Cooperation or Competition?” Southern Economic Journal 80, no. 4 (2014): 875-89. Accessed February 7, 2021.
8. Foros, Øystein, Hans Jarle Kind, and Greg Shaffer. “Apple’s Agency Model and the Role of Most-favored-nation Clauses.” The RAND Journal of Economics 48, no. 3 (2017): 673-703. Accessed February 7, 2021.
9. Scopsi, Martina. Report. Istituto Affari Internazionali (IAI), 2019. Accessed February 7, 2021. doi:10.2307/resrep19656.
10. Elkin-Koren, Niva, and Michal S. Gal. “The Chilling Effect of Governance-by-Data on Data Markets.” The University of Chicago Law Review 86, no. 2 (2019): 403-32. Accessed February 7, 2021.
11. Bamberger, Kenneth A., and Orly Lobel. “Platform Market Power.” Berkeley Technology Law Journal 32, no. 3 (2017): 1051-092. Accessed February 7, 2021. doi:10.2307/26488977.
12. Kovacic, William E. “The Chicago Obsession in the Interpretation of US Antitrust History.” The University of Chicago Law Review 87, no. 2 (2020): 459-94. Accessed February 7, 2021. doi:10.2307/26892418.
13. Richterich, Annika. “Examining (Big) Data Practices and Ethics.” In The Big Data Agenda: Data Ethics and Critical Data Studies, 15-32. London: University of Westminster Press, 2018. Accessed February 7, 2021. doi:10.2307/j.ctv5vddsw.4.
14. Koch, Gertraud, and Katharina Kinder-Kurlanda. “Source Criticism of Data Platform Logics on the Internet.” Historical Social Research / Historische Sozialforschung 45, no. 3 (2020): 270-87. Accessed February 7, 2021. doi:10.2307/26918413.
15. Brattberg, Erik. Reinventing Transatlantic Relations on Climate, Democracy, and Technology. Report. Carnegie Endowment for International Peace, 2020. 13-18. Accessed February 7, 2021. doi:10.2307/resrep27698.7.
16. Lamoreaux, Naomi R. “The Problem of Bigness: From Standard Oil to Google.” The Journal of Economic Perspectives 33, no. 3 (2019): 94-117. Accessed February 7, 2021.
17. Girard, Michel. Report. Centre for International Governance Innovation, 2019. Accessed February 7, 2021. doi:10.2307/resrep21058.