NCLAT's 'effects analysis' order on Google may hinder other big tech probes

Present competition law does not provide for effects analysis. Conducting one would mean letting anti-competitive practices continue and taking action once adverse effects have already been created

The recent National Company Law Appellate Tribunal’s decision to call for “effects based analysis” in the Google matter could spell trouble for ongoing investigations by the Competition Commission of India (CCI) on some other big-tech firms such as Amazon, Apple and Whatsapp.  

The NCLAT in its order has said, “For proving abuse of dominance under Section 4, effect analysis is required to be done and the test to be employed in the effect analysis is whether the abusive conduct is anti-competitive or not.”

The present Competition Law does not have the provision for an effects analysis. Policy experts said that