Evolving Paradigms in Indian Antitrust: Key Takeaways from the CCI’s 11th Economics Conference
On March 16, 2026, the Competition Commission of India (CCI) hosted its 11th National Conference on Economics of Competition Law. The deliberations highlighted how the Indian antitrust framework is adapting its enforcement approach from traditional economic models to complex digital ecosystems and Artificial Intelligence (AI).
Enforcement Agility: CCI’s revamped enforcement toolkit. In her special address, the CCI Chairperson Ravneet Kaur showcased significant enforcement milestones following the significant amendments to the Competition Act, 2002 (Competition Act) in 2023.
The Chairperson pointed to the successful resolution of the CCI’s first settlement proposal in the Android Smart TV ecosystem. By securing structural and behavioural remedies without exhaustive litigation, the CCI demonstrated how settlements enable “quick market correction” before network effects irreversibly tip the scales against competitors.
She discussed the CCI’s progress in developing regulations to operationalise the 2023 amendments, flagging the CCI’s revised Cost of Production regulations that came into force in May 2025. She noted that these regulations provide an updated framework for evaluating predatory pricing allegations, in the context of digital platforms.
The CCI Chairperson also discussed the CCI’s efficiency in enforcement. She highlighted the CCI’s nearly 90% disposal rate in antitrust inquiries, noting that the CCI has explored a range of remedies apart from penalties, which include cease-and-desist orders, contract modifications and mandatory competition compliance programmes. On the merger control front, she reinforced the CCI’s business-friendly posture, emphasising its 99% merger approval rate and its “solution-oriented” preference for voluntary modifications in complex mergers over blocking transactions entirely.
Digital Markets and the Ex-Ante Debate. In his keynote address, NITI Aayog Member Rajiv Gauba described the digital economy as a “structural break in market dynamics” driven by extreme network effects and data centrality. Acknowledging the proposed Digital Competition Bill’s ex-ante regime, Gauba advocated for a cautious, principle-based, and technology-neutral approach. He explicitly warned of the dangers of regulatory extremes, noting that while under-regulation entrenches gatekeepers, over-enforcement could curtail innovation, hampering India’s progress towards becoming a developed economy (Viksit Bharat).
Regulating the AI Frontier. AI emerged as the defining theme of the conference. Building on the October 2025 market study on AI and competition, CCI Chairperson Ravneet Kaur highlighted the the CCI’s self-audit guidance note in her special address. This proactive mechanism encourages enterprises to internally monitor AI development and deployment for hidden anti-competitive outcomes, such as algorithmic collusion and self-preferencing.
The Plenary Session on Competition and AI explored how rapid technological advancements are fundamentally reshaping market structures. Chaired by CCI Member Sweta Kakkad, the panel framed AI not merely as a technological layer, but as the new “infrastructure of productivity” that influences market entry and expansion. To manage risks such as data concentration and algorithmic bias, Ms. Kakkad endorsed the CCI’s self-audit mechanism as being a “practical and preventative compliance mechanism”, urging collaborative internal reviews by legal, technical, and business teams of AI-driven strategies that could have market-based implications.
During the panel discussion, Dr Nakul Gupta (MDI) highlighted the emerging dangers of “cross-layer dominance,” where control over upstream AI components impacts market structures in downstream layers. On the other hand, Dr. Risham Garg (NLU Delhi) strongly cautioned against heavy-handed regulatory intervention, noting that compliance burdens associated with stringent ex-ante rules (as in the EU) could create entry barriers for Indian startups. He commended India’s hybrid approach of ex-post enforcement coupled with self-audit guidelines, which provided Indian industry the “breathing space” to grow. Echoing this pro-innovation sentiment, startup founder Rajat Garg (MyUpchar) defended algorithmic dynamic pricing, arguing it drives competition and benefits consumers rather than inherently facilitating collusion. He also highlighted the feasibility of AI startups building applications on top of existing models.