A Bifocal Framework Could Foster Competition in Digital Markets

A mix of prohibitions and positive obligations may help keep the dominance of Big Tech in check

- SUMIT JAIN & VIKRANT SINGH

The US Department of Justice recently filed a petition in the Google Search case suggesting remedial action to promote competition in digital markets. Key steps include opening up the search ecosystem by prohibiting Google from offering any monetary incentives for the distribution of its search services, combining its search with other products and signing exclusive agreements with content publishers. It also suggests that Google be asked to offload its web browser Google Chrome, through which about 30% of the total search queries are obtained.

The petition comes in the backdrop of multiple contravention orders by competition authorities globally. For instance, in this case, the District Court of Columbia held that Google is monopolizing the general search and general search text advertisement market. Verdicts in Europe have found digital companies such as Google, Amazon and Meta engaged in practices like exclusive deals, lock-in provisions and self-preferencing that foreclose avenues of competition to the incumbent.