Open Access Research Article

REGULATING SELF-PREFERENCING BY DIGITAL PLATFORMS: AN EFFECTS-BASED APPROACH TO COMPETITION LAW

Author(s):
MEHER SRIVASTAVA KRISHIV NARULA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

Large online platforms frequently operate a marketplace while also competing within it. This dual role creates an incentive to favour their own offerings over those of dependent rivals, a practice known as self-preferencing. This paper analyses the concept, classifies it into four types, and assesses its ambivalent effects on competition. It then evaluates two regulatory strategies: traditional ex post enforcement, which scrutinises conduct case by case after the event, and ex ante regulation, which imposes obligations on designated platforms in advance. The paper contends that self-preferencing is not inherently harmful, so that a blanket prohibition is unwarranted, but that conventional enforcement is often slow and hampered by evidential difficulties. It concludes that a calibrated model is preferable, combining an effects-based standard, precisely defined conduct, targeted advance rules for the highest-risk practices, and improved regulatory access to evidence.

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Author Details

Authors: MEHER SRIVASTAVA & KRISHIV NARULARegistration ID: 1013325 | Published Paper ID: IJLRA13325 & IJLRA13326Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 775- 786

Article Information

REGULATING SELF-PREFERENCING BY DIGITAL PLATFORMS: AN EFFECTS-BASED APPROACH TO COMPETITION LAW

Authors: MEHER SRIVASTAVA, KRISHIV NARULA

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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