Competition concerns in digital advertisement markets: Consolidating the regulatory approach for India

Abstract

The digital advertisement market has brought many changes to the approach through which companies engaged in multifarious sectors endeavour to increase the outreach of their products and services. In light of the benefits provided by digital advertisement as opposed to traditional advertisement, companies have been shifting towards digital advertisement, which also has simultaneously increased the competition concerns in this segment. Since these markets prima facie seem to be characterised by technological complexities and lack of transparency, it has been difficult for antitrust regulators throughout the world to scrutinise the activities in this market. However, the recent probes launched by the European Commission into the alleged anti-competitive activities carried out by Google and Meta in this market have the potential of carving some landmark changes in the approach of antitrust authorities to pay increasing attention to the activities carried out by these market players. In furtherance, we have provided an analysis of the approach adopted by various antitrust authorities, and the competition concerns that emanate from this market. Further, we have also elucidated India’s position to regulate competition in digital advertisement markets and have also analysed some policy recommendations which can be implemented by the antitrust authorities.