Data Monopoly and the Limits of Competition Law: Recalibrating IPR Regulation in India’s Digital Markets A Doctrinal and Policy Analysis of the Interface Between Competition Law, Intellectual Property Regulation and Data-Driven Market Power in India

Abstract

In digital markets, data has become a major source of competitive advantage, challenging the traditional priceadequately equipped to address data-driven market power and its interaction with intellectual property rights (IPR), particularly standard-essential patents (SEPs). Drawing on CCI decisions involving Google and WhatsApp, the predominantly ex-post competition framework. It highlights five underexplored questions concerning the intersection of data, competition, and IPR and proposes greater coordination among competition law, intellectual property protection, and data governance to address emerging digital-market challenges.