New antitrust law may cover Big Tech with 10% India operations

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NEW DELHI: India could bring Big Tech companies under the ambit of the proposed digital competition law if they have 10% of their global user base or business transactions in the country, people aware of the details told ET..

The report will form the basis of the new digital competition law, they said.. Deliberations are also on to bring those digital firms that have a turnover of more than Rs 2,000 crore in India under the law even if they dont meet the other criteria, ET has learnt..

These large entities, both foreign and domestic, will have to abide by a set of commandments or dos and donts that will be prescribed under an ex-ante framework of the law to address potential abuse of dominance or other antitrust concerns in the digital technology space, said the people cited above...

The panel could suggest that if 10% of a digital entitys global user/customer/subscriber base or gross merchandise value (business transactions) or turnover in the past 12 months or last financial year is in India, it will be deemed to have substantial business operations here, he said..

The Govil panel was set up last year to examine the need for any ex-ante regulatory mechanism for digital markets through a separate law after a parliamentary committee, headed by former minister of state for finance Jayant Sinha, recommended a separate digital competition law..