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EMERGING COMPETITION ISSUES IN DIGITAL MARKETS AND E-COMMERCE

A PANEL DISCUSSION DURING THE BLOCK 3 OF THE DAY 1 OF THE WONE GLOBAL SUMMIT: UNBOUNDED 2025, SINGAPORE  on 22-23 April , 2025

A PANEL DISCUSSION DURING THE BLOCK 3 OF THE DAY 1 OF THE WONE GLOBAL SUMMIT: UNBOUNDED 2025, SINGAPORE  

(Held on 22-23 APRIL 2025, AT MARINA BAY SANDS, SINGAPORE)

I was recently privileged to be invited to moderate a panel discussion on the above topic during the Block 3 of Day ONE of the WONE GLOBAL SUMMIT 2025: UNBOUNDED 2025 SINGPORE

The Panel included the following speakers /panellists –

  1. Mr. M M SHARMA- Head Competition Law & Policy, Vaish Associates Advocates, New Delhi (INDIA) (Moderator)
  2. Mr. MIHIR RALE -Former Chief Regional Counsel, The Walt Disney Company, Mumbai (INDIA)
  3. Ms TANYA TANG-Partner ( Chief Economic & Policy Advisor) , Rajah & Tann, Singapore .
  4. Ms. ANASTASIA PRITAHAYU R D -Senior Economist, Assegaf Hamzah & Partners , Indonesia .

At the outset , I gave a short 15-20  minutes background presentation  to introduce the three contemporaneous “debates”  in the context of the subject , that is (1) Online vs Offline Markets and their substitutability , (2) Ex ante Vs Ex Post regulation of the online super platforms in the context of the peculiar features of the digital markets ( Network effects , Big data monopolies , big data analytics with advanced algorithms, leveraging , price discrimination, digital collusion through misuse of the AI etc) and the new theory of harm of “self -preferencing “ and “expansion at the cost of profits” etc. and losing the “platform neutrality “ etc and finally (3) Consumer Welfare Vs Effective Competition Structure propagated by the Neo Brandeisian, like LINA KHAN in the USA,  advocating for the return of the old S-C-P model based on Effective Competitive Structure.

My short introductory PPT presentation was followed by a focussed panel discussion for about 60 minutes, in which I requested each panellist to share their views on each aspect of the above mentioned three contours of the ongoing debates.

The consensus arrived after the discussion was that due to the meagre utilisation of the full potential of the e-commerce , including in the adavnaced economies ( e.g. not exceeding 15-20% of the total retail sector even in USA) it will be premature to presume that the unique featutes of e-commerce by the supre platforms ( called as “gatekepers” by the European Commission ) has brought about a situation of “market failure” and the time has come to enforce ex ante regulation by direct governmental intervention . It was felt unanimously that it will be more prudent to continue using the ex post regulatory interventions on a case to case basis subject to availbility of evidence of actual or potential “harm” to competition per se . We also discused the newly emerging issue of data privacy Vs harm to competition , after I referred to the recent order of CCI imposing penalties on Mata and WhatsApp .

Those interested to hear and watch my introductory remarks , followed by the panel discussion may visit the YouTube video link to the post lunch session of day 1 of the above Summit here .  

The weblink to my PPT presentation used during my solo presentation in the beginning as aforesaid can be viewed here.

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