Competition law jurisprudence in platform markets

In the year 2022, the CCI had passed detailed orders related to antitrust issues in platform markets. Certain key trends emerge which show the CCI’s approach while adjudicating issues pertaining to digital/ platform markets. These orders brough a decisive shift in the platform markets due to directions of CCI offered clear guidance on how platforms should conduct while exercising their obligation especially where multi‑sided markets, data access, and gatekeeping roles intersect. 

A key development is the CCI’s focus on defining the relevant market from the perspective of the aggrieved user. In cases against MMT–Go and OYO, the CCI analysed market power through the lens of hotel partners which highlights that online visibility, not mere online presence, drives competitive advantage. This distinction is critical for platforms and business users for discovery and access to customer base. The CCI passed directions restricting the business strategies of MMT-Go and OYO to delist other hotel franchises on MMT-Go and prohibited MMT-GO from imposing any kind of price parity clauses on such hotel franchises. The directions of the CCI protected both the hotel franchises as well as other Online Travel Agents which competes with MMT-Go.

The CCI also recognized the role of gatekeeper platforms, particularly in the Google Play Store case, emphasising their special responsibility to operate transparently and without restrictive conditions. Practices such as mandatory use of proprietary billing systems or anti‑steering provisions were deemed unfair as they limit commercial freedom and restrict market access.  

In cases related to platform markets, the CCI avoided intervening in pricing terms, focusing instead on unlocking markets, reducing entry barriers, and promoting innovation. These developments signal a maturing regulatory approach aligned with global digital competition trends. 

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