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Does competition law need to upgrade for AI-era

“Regulation should be like a guardrail on innovation - it must guide, not block.” - Sundar Pichai, CEO, Google The rise of AI in competitio...

“Regulation should be like a guardrail on innovation - it must guide, not block.” - Sundar Pichai, CEO, Google

The rise of AI in competition dynamics

Artificial Intelligence has shifted from labs to marketplaces, influencing cab fares, film recommendations, and online pricing. This evolution challenges existing competition laws, prompting the Competition Commission of India (CCI) to study whether AI-driven decisions risk distorting fair markets.

Balancing innovation and oversight

Unlike the European Union’s AI Act, India currently lacks an AI-specific statute. Instead, it follows a sector-based and incremental regulatory approach, relying on policies like the National Strategy on Artificial Intelligence and the Digital Personal Data Protection Act. The goal is to mitigate risks without hampering innovation.

Understanding algorithmic collusion

AI can autonomously set prices, leading to “algorithmic collusion” a form of tacit coordination where machines align on prices without human intent. This undermines traditional antitrust frameworks that rely on proof of agreements, making it harder to establish liability for anti-competitive behavior.

Building cooperation and trust

The CCI recommends pilots, audits, and sandbox experiments similar to those used by the Reserve Bank of India for fintech. These would allow testing of AI-driven market behavior under supervision, strengthening technical expertise and inter-regulatory coordination before creating rigid laws.

Towards evidence-based AI governance

Heavy-handed regulation could stifle startups and innovation, while leniency could enable monopolies. India must therefore “test first and legislate later,” ensuring its competition framework evolves with technology’s pace.

Summary

India’s competition authority is cautiously addressing AI’s potential for unfair pricing and data dominance. By prioritizing testing and coordination before legislation, the CCI aims to protect innovation while ensuring fair competition in AI-driven markets. The emphasis is on balance, flexibility, and learning through pilots.

Food for thought

Can India design an AI regulatory system that encourages innovation without allowing technology giants to dominate emerging markets?

AI concept to learn: Algorithmic Collusion

Algorithmic collusion occurs when AI systems independently adjust or align prices through self-learning patterns, without explicit human coordination. It challenges traditional competition laws, which depend on proving human intent or formal agreements among firms.

competition law in AI era

[The Billion Hopes Research Team shares the latest AI updates for learning and awareness. This is not a professional, financial, personal or medical advice. Please consult domain experts before making decisions. Feedback welcome!]

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