Q.3) Over-regulation tends to curb competition and create monopolies instead of ensuring its holistic growth dovetailed with fair competition. In light of this, examine the issues with the draft Consumer Protection (E-Commerce) Rules, 2020?

Written by

Swatantra

“Mentor’s Comments”

https://indianexpress.com/article/opinion/columns/new-e-commerce-online-shopping-rules-india-7405077/
https://economictimes.indiatimes.com/industry/services/retail/overregulation-gois-problem-for-every-solution/articleshow/84038116.cms?from=mdr
In the intro, mention figures about the growth potential for the e-commerce sector in India.
In the body, mention that different lines of demarcation have been drawn up in the retail landscape — single brand vs multi-brand, online vs offline, domestic vs foreign etc. Next mention that there are different regulations for a different category, which gives rise to doubt about the policy intentions. In the next part, mention the issues with the draft E-commerce Rules 2020 such as fall-back liability clause, providing domestic alternative, outlawing flash sales, restriction on sharing of consumer data which should come under the Data Protection Bill.
Conclude by mentioning that India seeks to prove that a democratic free market system can take an emerging economy to the position of a dominant economy on the world stage. Rules goes against this spirit.

Comments

4 responses to “Q.3) Over-regulation tends to curb competition and create monopolies instead of ensuring its holistic growth dovetailed with fair competition. In light of this, examine the issues with the draft Consumer Protection (E-Commerce) Rules, 2020?”

July 15, 2021

SUMITA DOWERAH

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1. July 23, 2021
  
  Swatantra
  
  Sumita
  
  Nice answer. You have covered most of the points. Introduction is good.
  
  In points you can add about outlawing of flash sales, no cost-benefit analysis done, not clear how it will help consumers. Also, before starting writing the points you can mention 1-2 lines about how over-regulation is harmful for the economy, can give pre-1991 example.
  
  Also you can mention about need of appointment of chief compliance officer and grievance redressal officer as some of the positives.
  
  Conclusion is good. Keep writing.
  
  6.5/10
July 16, 2021

ankita thakur

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1. July 23, 2021
  
  Swatantra
  
  Ankita
  
  Good attempt. Introduction is fine, you can keep it a bit short-also mention e-commerce potential with regards to India.
  
  Before starting writing the points you can mention 1-2 lines about how over-regulation is harmful for the economy, can give pre-1991 example. Points are good. In fall-back liability point, mention that foreign e-commerce firms are working on marketplace model, not allowed to maintain inventory, so no sense of fall back liability clause.
  In overlapping jurisdiction, mention that functions of data protection authority and competition commission of India are being given to consumer protection authority.
  You can add about outlawing of flash sales, no cost-benefit analysis done, not clear how it will help consumers.
  
  Conclusion is fine. Keep writing. 🙂