Data-Driven Market Power: A Comparative Analysis of EU, US, and Indian Competition Law

  • Unique Paper ID: 201999
  • Volume: 12
  • Issue: 12
  • PageNo: 5792-5801
  • Abstract:
  • The emergence of artificial intelligence as a primary locus of economic competition has foregrounded a structural limitation in existing competition law doctrine: the analytical frameworks for assessing market dominance were designed principally for markets in which competitive advantage is constituted by physical assets, infrastructure, or intellectual property. In AI and data-intensive digital markets, the primary determinant of competitive position is frequently data—its volume, variety, and exclusivity—and the feedback dynamics through which data accumulation translates into market power. This article examines how three of the world's most consequential competition law regimes— the European Union, the United States, and India—approach the assessment of data driven dominance. Drawing exclusively on primary legislative texts, regulatory decisions, and judicial authority, supplemented by peer-reviewed scholarly analysis, the article maps the evidentiary standards applied in each jurisdiction, traces the trajectory of doctrinal development, and identifies points of convergence and structural divergence. It argues that the EU has developed the most doctrinally elaborated framework for incorporating data as a determinant of dominance, that the US approach has evolved significantly following United States v. Google LLC, and that India's Competition (Amendment) Act 2023 represents a significant legislative advance whose enforcement implications remain to be fully worked out. The article concludes with a set of reform proposals aimed at developing a more coherent and operationally workable evidentiary standard for data-based market power across all three regimes.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{201999,
        author = {Sweta Prashar},
        title = {Data-Driven Market Power: A Comparative Analysis of EU, US, and Indian Competition Law},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {12},
        pages = {5792-5801},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=201999},
        abstract = {The emergence of artificial intelligence as a primary locus of economic competition has foregrounded a structural limitation in existing competition law doctrine: the analytical frameworks for assessing market dominance were designed principally for markets in which competitive advantage is constituted by physical assets, infrastructure, or intellectual property. In AI and data-intensive digital markets, the primary determinant of competitive position is frequently data—its volume, variety, and exclusivity—and the feedback dynamics through which data accumulation translates into market power. This article examines how three of the world's most consequential competition law regimes— the European Union, the United States, and India—approach the assessment of data driven dominance. Drawing exclusively on primary legislative texts, regulatory decisions, and judicial authority, supplemented by peer-reviewed scholarly analysis, the article maps the evidentiary standards applied in each jurisdiction, traces the trajectory of doctrinal development, and identifies points of convergence and structural divergence. It argues that the EU has developed the most doctrinally elaborated framework for incorporating data as a determinant of dominance, that the US approach has evolved significantly following United States v. Google LLC, and that India's Competition (Amendment) Act 2023 represents a significant legislative advance whose enforcement implications remain to be fully worked out. The article concludes with a set of reform proposals aimed at developing a more coherent and operationally workable evidentiary standard for data-based market power across all three regimes.},
        keywords = {data-driven dominance, Article 102 TFEU, Section 2 Sherman Act, Competition Act 2002 (India), market power, digital platforms, AI markets, competition law reform},
        month = {May},
        }

Cite This Article

Prashar, S. (2026). Data-Driven Market Power: A Comparative Analysis of EU, US, and Indian Competition Law. International Journal of Innovative Research in Technology (IJIRT). https://doi.org/doi.org/10.64643/IJIRTV12I12-201999-459

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