CCI's Digital Markets Approach: The Competition Act Amendments and What Tech-Sector CS Teams Should Be Doing

The Competition (Amendment) Act, 2023, the introduction of the deal-value threshold for combination notifications, the proposed Digital Competition Bill targeting Systemically Significant Digital Enterprises, and the Competition Commission of India's growing focus on platform-economy matters have together reshaped the antitrust landscape for Indian companies. For CS in tech-sector listed companies and platform businesses, the workload — particularly around combinations and conduct compliance — is changing. This article is the working overview.

The 2023 Amendment Act — the operative changes

• Deal Value Threshold (DVT). Combinations with deal value above ₹2,000 crore and where the target has substantial business operations in India (SBOI) trigger CCI notification, regardless of traditional asset/turnover thresholds. The threshold catches platform acquisitions that previously slipped under.
• Substantial Business Operations in India (SBOI). SBOI tests cover digital reach (users, downloads, contracts) — a new lens for platform-heavy targets.
• Reduction in combination review timelines. CCI to form prima facie opinion within 30 days (calendar) under standard fast track; substantive review window correspondingly tightened.
• Hub-and-spoke cartel framework. Vertical facilitation of horizontal collusion now explicitly covered.
• Settlement and commitment framework. Companies can resolve certain antitrust investigations through settlement / commitments rather than prolonged adjudication.
• Higher penalty cap. 10% of global turnover (subject to context).

The proposed Digital Competition Bill

The Digital Competition Bill, in draft and under consultation through 2024-25, proposes an ex-ante regulation framework for Systemically Significant Digital Enterprises (SSDEs) — companies designated based on user numbers, market capitalisation, turnover thresholds. Proposed conduct obligations include:

• Anti-self-preferencing.
• Anti-tying / anti-bundling.
• Data sharing obligations and restrictions.
• Interoperability requirements.
• Pre-merger / pre-acquisition notifications even outside the combination thresholds.

The Bill, if enacted, will operate as a layered framework on top of the existing Competition Act, distinct from the post-conduct adjudication model.

What CS in a tech-sector listed company should be doing now

1. Combination check-list updated for DVT. Every acquisition over ₹2,000 crore — even of digital-native targets with low Indian assets — gets the SBOI test.
2. SSDE eligibility self-assessment, in anticipation of the Bill. User and market metrics need to be tracked.
3. Conduct compliance manual. Internal training on self-preferencing, tying, predatory pricing — the antitrust 101 needs to be live in product and commercial teams.
4. Pre-clearance protocol for new product features that could implicate antitrust risk.
5. Vertical agreement review. Distributor / reseller / platform partner agreements re-screened for resale price maintenance, exclusivity, tying.
6. Combination notification readiness. Form I or Form II prep can be made faster by maintaining the underlying competitive analysis in a current state.

The settlement and commitment route

The 2023 Amendment introduced a settlement framework — for certain non-cartel matters, the company can offer commitments or settlement to resolve an investigation. Early settlement avoids the prolonged adjudication and reputational drag. The CS coordinates with antitrust counsel on the assessment of whether settlement is offered, what commitments are made, and the public disclosure.

The penalty regime and the appellate route

• Penalty up to 10% of global turnover for certain violations.
• Individual liability for managers/directors involved in violation.
• Appeals to NCLAT (acting as the appellate body for CCI orders).
• Recent high-profile orders have stress-tested the proportionality and computation methodology.

The disclosure overlap with LODR Reg 30

For listed entities, the receipt of a CCI investigation notice, or the imposition of a penalty, is a Schedule III Part A event — automatic Reg 30 disclosure within the standard timelines. CS coordinates the disclosure timing with counsel, careful to avoid prejudicing the regulatory response.

The CS who should be paying attention

• Listed tech-sector companies of any size.
• Platform companies (e-commerce, ride-sharing, food delivery, classifieds).
• Companies with significant cross-border M&A pipeline.
• Banks and financial services where market dominance in segments is a question.
• Telecom, media, healthcare platforms.

How Delta Filings supports CCI compliance

The Delta Filings competition module tracks the DVT threshold across the M&A pipeline, ships a combination notification readiness checklist, and integrates the CCI matter calendar with the broader compliance dashboard. For a CS supporting a tech-sector listed entity, the consolidated antitrust view turns out to be increasingly central to the M&A timeline.

The closing note

The CCI's posture toward platform markets has shifted decisively. The amendments are live; the Bill is coming. The CS who builds the workflow now — DVT pre-clearance, conduct compliance training, settlement framework readiness — is in a structurally better position than the one who reacts after the first notice. For tech-sector teams, antitrust has joined data privacy as the next decade's compliance frontier.