Digital Competition Bill

Establishment of the Committee on Digital Competition Law (CDCL)

• February 2023: Ministry of Corporate Affairs (MCA) formed CDCL.
• Purpose: Assess need for distinct legislation for competition in digital markets.

Ex-Post Framework

• Definition: Regulatory approach intervening after harmful activities occur.
• In Competition Law: Actions taken against anti-competitive practices after they are observed or reported.

Ex-Post vs. Ex-Ante Frameworks

1. Timing of Intervention:
   • Ex-Post:
     • Intervenes after anti-competitive conduct.
     • Relies on retrospective enforcement based on complaints or issues.
   • Ex-Ante:
     • Sets rules before anti-competitive behavior.
     • Aims to prevent market distortions and protect competition.
2. Nature of Regulation:
   • Ex-Post:
     • Reactive, focusing on remedial measures.
     • Enforces actions against established anti-competitive behavior.
   • Ex-Ante:
     • Proactive, establishing upfront rules.
     • Guides behavior and prevents market abuses before they occur.
3. Focus and Objectives:
   • Ex-Post:
     • Addresses past harms to competition.
     • Ensures fair market practices and corrects market distortions post-occurrence.
   • Ex-Ante:
     • Maintains competitive markets.
     • Promotes innovation and protects consumer choice by preventing anti-competitive behavior.

Encouragement of Ex-Ante Competition Regulation in the Draft Bill

• Proactive Prevention:
  • Digital markets grow rapidly, with network effects and economies of scale.
  • Ex-Ante framework allows preemptive rules to maintain market competition and ensure consumer choice.
• Timely Intervention:
  • Ex-Post framework under the Competition Act, 2002 is too slow for digital markets.
  • Ex-Ante approach enables timely intervention and regulatory oversight.

European Union’s Framework

• Ex-Ante Competition Framework:
  • Under the Digital Markets Act (DMA).
  • Regulates large digital platforms (gatekeepers).
  • Objectives: Promote competition, innovation, and consumer choice in digital markets.

Systemically Significant Digital Enterprises (SSDEs)

• Definition: Dominant digital enterprises in specific market segments.
• Identification:
  • Quantitative: Based on financial strength and user reach in India.
  • Qualitative: Based on significant influence and market impact.
• Requirements:
  • Operate transparently.
  • Refrain from anti-competitive practices.
  • Ensure fair access to platforms for other businesses.

Conclusion

• Ensure criteria for SSDE designation are well-defined and balanced.
• Conduct periodic reviews to adjust criteria based on market dynamics and technological advancements.

Examine the impact of liberalization on companies owned by Indians. Are they competing with the MNCs satisfactorily? Discuss. (2013)

In 2024, Maoists suffer severe setbacks in Chhattisgarh 

As of July 9, 2024, 162 Maoist deaths have been reported in India; 141 of the killings have been reported from Chhattisgarh alone.

This is among the biggest numbers of extremist deaths in the largely tribal state since the Communist Party of India (Maoist) was founded in 2004.

Origins and Ideology

• 1967 Naxalbari Uprising: LWE in India originated here.
• Advocacy: Armed revolution for a Maoist communist state overthrowing the Indian government.

Modus Operandi

• Guerrilla Warfare: Engaging in attacks on security forces.
• Activities: Extortion, intimidation, propagandizing.
• Targets: Government, infrastructure, economic interests.
• Parallel Governance: Running parallel administrations in controlled areas.

Red Corridor Areas

• Affected States: Chhattisgarh, Jharkhand, Odisha, Bihar, West Bengal, Andhra Pradesh, Telangana, Maharashtra, Madhya Pradesh, Kerala.
• Variability: Different degrees of impact across states.

Factors Contributing to LWE

• Socio-Economic Disparities: Major contributing factor.
• Land Alienation and Displacement: Significant issues.
• Adivasi Rights: Concerns exploited by extremist groups.
• Support Base: Marginalized communities affected by grievances.

Government Response

• Measures: Security operations, development initiatives, rehabilitation programs.
• Reduction in Violence: 76% decrease in LWE-related violence by 2022 compared to 2010.
• Geographical Spread: Reduction in the spread of violence.

Maoist Casualties in Chhattisgarh (2024)

• Casualties: Highest number of Maoist deaths (141) since 2004.
• Political Context: Spike coincided with BJP’s return to power in December 2023.

Historical Context and Operations

• 2009: Highest Maoist deaths (154) following ‘Operation Green Hunt’.
• Operation: Included military offensives by CRPF and Chhattisgarh police.

Security Forces and Civilian Casualties

• Security Force Deaths: Decreased recently.
• Civilian Casualties: Reduced since peak in 2006.

District-Wise Insights (2024)

• Bijapur District: Highest number of clashes, significant Maoist casualties.
• BSF Camps: Intense operations in Bijapur and Sukma districts.

Surrenders and Operations

• ‘Maoist-Free’ Districts: Some declared free, but significant operations continue.
• Notable Operation: Joint BSF and District Reserve Guard operation in Kanker, killing top commander Shankar Rao.

Development and Insurgency

• Correlation: Intensity of insurgency linked to lower development indicators.
• Affected Areas: Dantewada, Bijapur, Sukma, Bastar, Kanker.
• Challenge: Heavily forested areas complicate security operations.

Way Forward

• Integrated Development and Security Strategy:
  • Combine robust security measures with development initiatives.
  • Prioritize improving socio-economic conditions.
  • Address land alienation, provide livelihood opportunities.
  • Enhance basic infrastructure like education and healthcare.
• Enhanced Intelligence and Targeted Operations:
  • Strengthen intelligence-gathering capabilities.
  • Preempt attacks and disrupt operational networks.
  • Improve coordination among security forces, intelligence agencies, and local law enforcement.

India to ratify High Seas Treaty

India has made the decision to formally support and ratify the High Seas Treaty, an international agreement designed to preserve and protect marine biodiversity. Because of its broad reach and potential impact, this treaty is often compared to the 2015 Paris Agreement.

Agreement: Biodiversity Beyond National Jurisdiction (BBNJ) Agreement / High Seas Treaty

Objective

• Conservation and Sustainable Use: Address the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (64% of ocean surface).
• Framework for Governance: Establish a framework to govern activities in high seas for environmental protection, regulated resource extraction, and equitable sharing of benefits from marine genetic resources.
• Alignment with UNCLOS: Operates within the United Nations Convention on the Law of the Sea (UNCLOS) framework to strengthen international cooperation and governance.

Significance

1. Conservation of Marine Biodiversity

1. • Scope: Targets conservation in vast ocean areas crucial for maintaining biodiversity and ecosystem functions vital for global marine health.

2. Governance and Regulation

1. • Human Activities: Governs activities like fishing, mining, and bioprospecting to ensure sustainability and prevent irreversible harm to marine ecosystems.

3. Global Environmental Protection

1. • Global Effort: Similar to the Paris Agreement on climate change, it is a global effort to manage and protect essential marine resources.
   • Sustainable Development: Addresses overfishing and habitat destruction, contributing to global sustainable development and environmental conservation.

4. Equitable Sharing of Benefits

1. • Marine Genetic Resources: Includes provisions for fair sharing of benefits from marine genetic resources (e.g., pharmaceutical developments).
   • Global Equity: Promotes global equity and access to valuable resources by ensuring benefits are shared fairly among countries and communities.

5. International Collaboration

1. • Cooperation and Governance: Fosters international cooperation in ocean governance, bringing countries together to agree on common rules and standards.
   • Rule of Law: Strengthens the rule of law, promoting transparency and accountability in global ocean management.

Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (2021)