Vol.17 Issue 2 (2021)

The Growing Necessity of Interim Measures to Preserve Competition in Rapidly Changing Digital Markets

Dr. Tilottama Raychaudhuri and Ramya Chandrashekhar

On March 9, 2021, the CCI granted interim relief to Fab Hotels and Treebo by overturning their de-listing from certain platforms and directing their re-listing, to safeguard their presence in the relevant market during the pendency of competition law proceedings. In the background of rapidly changing digital markets, the protection afforded by interim orders assumes immense significance. It is important that the CCI activates its power of granting interim orders, conferred under Section 33 of the Competition Act, 2002, and uses this tool effectively to prevent irreparable injury to competition, pending outcomes of the investigations directed by it. This article analyses why the CCI has granted interim reliefs sparingly since the very inception of the law and examines the need for using this power pro-actively in fast-paced, digital markets, where it may be impossible for the competition regulator to restore an industry to its competitive status quo ante.

Author

Dr. Tilottama Raychaudhuri is Associate Professor of Law at the West Bengal National University of Juridical Sciences, Kolkata.
Ramya Chandrashekhar is Assistant Professor of Law at the School of Law, CHRIST (Deemed to be University), Delhi NCR.