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.

The shift to an effects-based approach under Section 4, solidified by Schott Glass and Google 2023 & 2025, aligns India with the EU's standards, ensuring only actual conduct with proven or likely competitive harm is penalized.

The Schott Glass ruling requires a structured, effects-based test in line with international best practice and appropriately directs focus away from form-based claims toward demonstrating competitive harm.