Law on Digital Markets = Law on E – Commerce ?
Context :
Government Sets Up Panel On Digital Competition Law / BQ Prime / 06 Feb 2023
Extract :
The government has set up a panel on digital competition law to examine various regulatory aspects in dealing with challenges emerging from the digital economy. Chaired by corporate affairs secretary Manoj Govil, the panel will also examine the need for an ex-ante regulatory mechanism for digital markets through a separate legislation, according to an official order.
The panel has been set up less than two months after a Parliamentary panel proposed having a new digital competition law to curb anti-competitive practices in the digital markets. According to the order issued by the corporate affairs ministry on Monday, Competition Commission of India chairperson will be part of the panel apart from experts in different fields.
There will also be representatives from NITI Aayog, Department of Commerce, Department of Economic Affairs, Department of Consumer Affairs, Department for Promotion of Industry and Internal Trade, and the Ministry of Electronics and Information Technology. The panel will review whether existing provisions in the Competition Act, 2022, and the rules and regulations framed thereunder are sufficient to deal with the challenges that have emerged from the digital economy.
Further, it will study the international best practices on regulation in the field of the digital markets as well as other regulatory regimes/ institutional mechanisms/government policies regarding competition in the digital markets.
As per the order, the practices of leading players/ Systemically Important Digital Intermediaries which limit or have the potential to cuase harm in the digital markets will also be looked into by the committee
Other members of the committee are Nasscom co-Founder and Indian Angel Network chairman Saurabh Srivastava, Professor of Economics (Retd.) from Delhi School of Economics Aditya Bhattacharjea, Khaitan & Co's Haigreve Khaitan, IKDHVAJ Advisers LLP's Harsha Vardhana Singh, Shardul Amarchand Mangaldas & Co.'s Pallavi Shardul Shroff, P&A Law Offices' Anand S Pathak, Axiom5 Law Chamber's Rahul Rai and a corporate affairs ministry's joint secretary.
As per the order, the panel's chairperson can co-opt any other person as a member/special invitee as and when required.
My Take :
Ø Missing the Woods for the Tree ? ……………………………………..[ 12 Aug 2016 ]
Extract :
Ø It is no different when it comes to the Laws governing ECONOMY
" E- Commerce and Foreign Direct Investment " are the " Special Theory of ECONOMY " , whereas
" Commerce and Investment " are the " General Theory of ECONOMY "
Ø And at this very moment , the Super-Ordinate Goal of our ECONOMY is :
# Create millions of Self Employed ( 400 million to start with and 12 million per year , thereafter )
While debating the issues ,the Committee may want to keep in mind how following technologies will change the Commerce Landscape , within the next 2 years :
# Everything ( Goods and Services ) will be marketed / sold online
# No business / industry will , solely remain OFFLINE
# When goods are not being delivered at your doorstep using Drones, your table-top 3D Printers will print out
all kinds of Consumables ( including Food ! ), by downloading Designs from internet . Houses will be 3D printed
# Services of all kinds ( Patient-care / Health care / Psychological / Consulting / Coding / Remotely operating
Devices and Machineries / Teaching / Curating / Controlling Riots etc ) , will be carried out ( hopefully, by
Indians if Committee takes the right , far-reaching decisions ), remotely from 10,000 Km away using Virtual
Reality / Augmented Reality / Holographic Tele-presence / Hepatic gloves etc
# Entire cycle of Designing / Manufacturing / Marketing / Selling / Order-taking / Delivering / After-sales Servicing
/ Logistics / Collecting Payments / etc , will get spread so thinly across Countries / Continents / Companies /
Individuals , that it will become next to impossible to keep track of " WHO " is adding " WHAT " value to the
process , and " WHEN " , and from " WHERE " ! No one will be able to unravel this GORDIAN KNOT !
# Industrial Robots will play ever-increasing role at each step of this process , connected through IoT
The best that the Committee can recommend is adoption of the following ,
Parekh's , " 3 Laws of E-Commerce Economy " - to be incorporated as 123rd Constitutional Amendment
( with apologies to Isaac Asimov's 3 Laws of Robotics ! ) :
LAW # 1 :
Asimov :
A robot may not injure a human being or, through inaction, allow a human being to come to harm.
Parekh :
Rules / Regulations of E-Commerce shall not come in the way of unfettered creation of SELF EMPLOYMENT
Any existing Law / Rule / Regulation that hinders a person to become Self Employed, shall be treated as
ultravires
Further , any Law / Regulation of " E-Commerce / FDI " which slows down Investment ( Foreign or Local / Official
or through channeling of BLACK MONEY ), shall be treated as " bad in law " and struck down
LAW # 2
Asimov :
A robot must obey the orders given it by human beings, except where such orders would conflict with the First
Law.
Parekh :
Laws / Regulations governing " E-Commerce / FDI " shall be subservient to Laws / Regulations governing
" Commerce / Investment " .
Whenever any Public Authority / Court finds conflict between the two , laws / regulations governing " Commerce/
Investments " , shall prevail under all circumstances , and in favor of the self employed
LAW # 3
Asimov :
A robot must protect its own existence as long as such protection does not conflict with the First or Second Laws.
Parekh :
Laws / Regulations of " E-Commerce / FDI " which get over-ruled under LAW # 2 , shall immediately " Self Destruct "
in favor of unobstructed progress of TECHNOLOGIAL ADVANCES
Before drafting its recommendations , the Committee may want to look up my specific suggestions at :
# In defense of FDI in Defense
# Start-Up Eco-Systems / USA vs INDIA
# A NEW ECONOMIC ORDER ? aka " Start Up Act - 2015 "
# E - Commerce is Easy Commerce !
# 50Million New Jobs in 5 Months ?
# Rejoice, You Self Employed !
# Hire when you Need : Fire when you don't
# Robots, Robots Everywhere , Not a Soul to See !
# Tech World turning Imagination Real
# Second Industrial Revolution
# Competitive Advantages are Transient
Dear Committee Members :
Please , overlook the TREE / focus on the WOODS !
With Regards,
Hemen Parekh
www.hemenparekh.ai / 11 Feb 2023
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