The Forgotten Half Of Section 4: Algorithmic Personalisation And The Limits Of Exploitative Abuse In Indian Competition Law

Divyanshu Chaudhary, O.P. Jindal Global University ABSTRACT Indian jurisprudence on abuse of dominance has evolved a monoculture of exclusion. Section 4(2)(a) of the Competition Act, 2002, lists "unfair or discriminatory" conditions and prices as the first prohibition, but the Competition Commission of India has developed its decisional practice almost entirely on exclusionary theories of harm, leaving the exploitative limb largely dormant. This article argues that algorithmic price...