Competition Commission Issues Platform Self-Preferencing Guidance
The CCI's first formal guidance on self-preferencing borrows heavily from European precedent while carving out India-specific safe harbours.
The CCI's first formal guidance on self-preferencing borrows heavily from European precedent while carving out India-specific safe harbours.
The guidance signals a measured approach, drawing a clear distinction between conduct that forecloses competition and conduct that merely intensifies it.
Counsel advising marketplaces should treat the safe harbours as ceilings, not floors, given that the underlying statute remains effects-based.
Key takeaways
- Vertical integration is not, by itself, an abuse.
- Ranking algorithms must be explainable on request.
- Small-business carve-outs apply below a defined gross merchandise value threshold.
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