Attorney General R Venkataramani emphasized the critical need to define privacy parameters within the context of competition law.
Speaking at the 15th annual day lecture of the Competition Commission of India (CCI), Venkataramani highlighted the ongoing global challenge of regulating digital markets amidst rising concerns over data privacy and anti-competitive practices.
"Establishing the contours of privacy from a competition perspective is important," Venkataramani said.
Venkataramani's comments come amid heightened scrutiny of tech giants, referred to as "gatekeepers of data," who often leverage their dominant market positions to the detriment of competition and consumer welfare.
He noted that various international competition regulators have initiated actions against such entities, reflecting the global nature of these challenges.
"The current debate centers on ex-post actions, such as investigations and sanctions, versus ex-ante measures, like bans and prohibitive rules," Venkataramani said.
Recognizing privacy as a fundamental right closely tied to data protection laws, Venkataramani argued that integrating privacy considerations into competition law is inevitable.
He mentioned that the CCI is already dealing with cases in this realm, while related constitutional cases are pending before the Supreme Court.
"Regulators must speak through more than just their decisions," he stated, advocating for comprehensive guidelines to delineate acceptable conduct in digital markets.
The Attorney General also raised broader questions about the impact of competition laws on wealth distribution and whether these laws could effectively address economic inequalities inherent in market growth.
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