This piece argues that the EF regime in Indian merger control is invoked in the language of synergies and scale, but never subjected to a structured evidentiary threshold.

The dynamism of digital ecosystems is transcending boundaries. To protect consumer and third-party interests against a refusal to deal abuse, dual penalty system under the Indian antitrust regime exists. However, to safeguard the legitimate business interests of dominant entities, the author advocates for the incorporation of defenses based on principles of necessity and proportionality similar to the DMA.

Per the author, the proposed amendments to competition regime may have far-reaching implications for businesses operating in India.