India’s Digital Competition Bill remains pending as MCA studies platform thresholds
The Ministry of Corporate Affairs is assessing thresholds for systemically significant digital enterprises, covered services, compliance costs and implications for startups and MSMEs before finalising the proposed ex-ante competition framework.
What happened
Ministry of Corporate Affairs · India’s Digital Competition Bill remains pending as the MCA studies thresholds for systemically significant digital enterprises
Key facts
- November 3, 2025: RFP floated on GeM
- January 5, 2026: bid deadline
- November 17, 2025: Ministry office memorandum
- January 21, 2026: Ministry office memorandum
- September 2025: CCI AI market study released
- July 4, 2014: National Competition Policy Cabinet Note submitted
- July 9, 2014: Cabinet consideration deferred
Why this matters
For acquisitions, partnerships and platform integrations in India, diligence should stress-test future ex-ante obligations, threshold exposure and potential limits on self-preferencing or data use.
What to watch
- Publication of MCA market-study findings, draft designation thresholds or a revised Digital Competition Bill.
- Whether thresholds use Indian turnover, user counts, market capitalization, data access, ecosystem leverage or qualitative gatekeeper criteria.
- Inclusion of marketplaces, app stores, search, advertising, payment, cloud and logistics services as covered digital services.
- Explicit rules on self-preferencing, private labels, seller-data use, anti-steering, tying, interoperability and data portability.
- Formal consultation comments from major platforms, retailer associations, startup groups and MSME bodies.
- Competition Commission of India cases or adverse findings involving e-commerce platform conduct that increase pressure for ex-ante regulation.
- Cabinet approval, parliamentary introduction, committee referral or a stated legislative timetable.
- Large marketplaces are likely to intensify policy engagement and submit evidence that broad thresholds could raise seller-acquisition, logistics and compliance costs.
- Platforms may conduct internal audits of ranking, private-label, seller-data, advertising and preferential-shipping practices to prepare for possible ex-ante obligations.
- Retailers and brands may preserve optionality across marketplaces and direct-to-consumer channels rather than assume existing platform terms will remain stable.
- Industry groups may push for high designation thresholds, phased implementation, safe harbors for MSME-facing services and alignment with existing Competition Commission of India enforcement.
- Near-term investment in India may favor adaptable compliance architecture over major changes to consumer-facing marketplace design.