Articles 6th May 2024

Online Market Intelligence Gathering: Legal pitfalls in gaining too much insight on competitors


Abhay Joshi Partner | New Delhi | Noida
Aayushi Sharma Principal Associate | Delhi NCR
Raagini Agarwal Associate | Delhi NCR

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Market information and market intelligence gathering helps players adapt and respond to market dynamics. Globally, from a competition law lens, market intelligence gathering has been an issue where ‘commercially sensitive’ information is exchanged amongst competitors. In India, the CCI has found even just exchanging ‘commercially sensitive’ information, as being anti-competitive. As business landscapes evolve, market intelligence gathering also diversifies and players turn to more sources such as subscription-based websites which present more efficient and cost-effective ways of gathering intelligence. With this in mind, market players must carefully navigate market intelligence gathering through such subscription-based websites to ensure that their activities remain ‘kosher’ in the eyes of the CCI as the same remains untested under the Indian competition law regime.

Against this backdrop, Abhay Joshi, Partner, Aayushi Sharma, Principal Associate, and Raagini Agarwal, Associate at Economic Laws Practice (ELP) have co-authored “Online market intelligence gathering: Legal pitfalls in gaining too much insight on competitors” published by ETGovernment.

Read the detailed article here