DME Journal of Law

Redefining Abuse of Dominance in Digital Era: A Focus on Emerging Market

Himanshi Yadav — 2025-12-31

This paper explores issues linked with abuse of dominance in emerging markets, focusing on the interaction between digitalization and the global push toward decarbonization. Emerging markets face challenges unique to themselves: underdeveloped frameworks, limited capacities to enforce, and dependence on dominant foreign firms in digital as well as traditional sectors. The study discusses how data-driven monopolies, algorithmic collusion, and sustainability initiatives can enhance or obfuscate dominance abuse. Using qualitative methodology, this paper will explore cases, legal frameworks, and academic literature to recommend new ideas. The ideas include data portability; enhanced transparency in algorithms used by online platforms; and what might be described as a “green dominance” doctrine balancing fairness in markets against environmental policy objectives. By responding to those challenges that competition law should adapt for the newly emerging markets, this research underlines avenues toward promoting competitive equity and sustainable development.
Despite the fact that the topic of digital dominance in the EU and the US is currently widely researched, and the platforms of policy-making agencies, including the OECD and UNCTAD, have begun to work on this topic, the present-day body of research lacks an emerging, market-specific framework of identifying the abuse of dominance by digital platforms. Existing literature focuses on how to adapt classical ex-post abuse instruments to the context of multi-sided data-driven markets or studies new ex-ante regimes based on the EU Digital Markets Act, but often lacks an explanation of the interaction between these two layers in the developing world with different structural characteristics and low enforcement capacity. There is a paucity of empirical studies on the impact of platform concentration on the outcomes of development, including SME engagement, digital industrialisation, and local innovation, which are still tied to the legal aspects of abuse in a rather narrow consumer-welfare and price-effect manner. Furthermore, the majority of such proposals import trials and cures of developed jurisdictions without coherent adaptation to institutional constraints, data asymmetries and the necessity to encourage digital investment in developing economies, and normative issues regarding how to restrain carefully the excessive power of gatekeepers and encourage innovation and inclusive development remain open.

Impediments to Cross-Border Trademark Dispute Resolution in the Digital Era: A Study With Reference to India

AISHWARYA JAGGA — 2025-12-31

The digitally clad world today has made thing easier but has also brought a novice paraphernalia to human’s existence. The internet has made human interaction like butter especially in the e-commerce scenario. The collision of the internet with commerce along with Intellectual Property Rights has resulted in an ecosystem that is new for the consumers, businesses, legislators, lawyers as well as the judges. Trademarks as an IPR is of utmost importance that ensures good and healthy competition. The way trademarks are perceived today in the digital era is not conventional but rather they are know seen a domain names. Domain names are virtual trademarks that the companies utilise as their web address similar to shops in the physical world. The disputes that are pertaining to trademarks in the virtual world are cybersquatting, typo squatting, reverse domain name hijacking, meta tags, hyperlinking and framing. The nature of these disputes are different as they are not geographically bound but in fact are cross border. Cross border disputes are those that happen when two different countries having different domestic laws are at dispute. The issue with such disputes is the lack of a common legal ground, but the international bodies have tried to resolve these international disputes. The Universal Declaration of Human Rights (UDHR) vide Article 27 recognises the importance of protection of a person’s production whether it is scientific, literary or even artistic. Protection of the trademarks is non-negotiable in today’s world where infringement has taken a new virtual shape. The World Intellectual Property Organisation (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) along with the Uniform Domain-Name Dispute Resolution Policy (UDRP) work in consonance to settle the international disputes pertaining to the domain names but there are certain impediments in the resolution of these disputes which this paper has tries to bring forth. The jurisdiction of the international disputes always remains doubtful in comparison to the domestic laws of the disputing parties. The application of the law also requires better cooperation and harmonisation. Thus the advent of of the internet along with the pace of the growth of domain names in a borderless digital world has left a loophole which the infringers use to their benefit resulting in international conflicts and difficulties in the resolution of the trademark disputes which are of international character.

Integrating Environmental Obligations into BIT Interpretation: Interpretive Approaches for Arbitral Tribunals

Abhinav Dhiman — 2025-12-31

Today, there is much debate about the regulatory space provided by Bilateral Investment Treaties (BIT) to adopt the climate change mitigation and adaptation measures. These treaties typically provide substantive and procedural protections to investor and his investment, including protection against expropriation, fair and equitable treatment (FET), full protection and security, non-discrimination and the right to bring claims before international tribunals. However, the protection of foreign investment can sometimes conflict with the principles of sustainable development (POSD) and protection of environment. The investor who has invested millions of dollars in industries which causes harmful effect to the environment bring disputes related to conflict between investor protection and environmental protection under the dispute settlement provision in BIT. The dispute settlement provisions under the BIT provide direct access to investors to institute the claim in Investor-State Dispute Settlement (ISDS) tribunals. Direct access to tribunals without any intervention from state of nationality has caused considerable hinderance to the measures adopted by state for climate mitigation and adaptation. The tribunals deciding these cases often decide in favour of investor due lack of provisions of environmental protection in BITs. But these tribunals often overlook the interpretation tools they could use to interpret the provisions of BIT to uphold the measures adopted by state for protection of environment. There is lack of considerable debate on the interpretation tools which can be adopted to interpret the old-generation BIT rather than making ineffective textual amendments in the BITs. This paper discuses those interpretive tools which an arbitration tribunal could utilise to integrate the international environmental protection obligations with the obligation provided under BITs.

The Digital Personal Data Protection Act, 2023: Key Provisions, Issues, and Future Directions

Manindra Singh Hanspal — 2025-12-31

The Digital Personal Data Protection Act, 2023 is a necessary step towards safeguarding the data privacy in India where quick digitalization is in progress. With the growing prevalence of personal data breaches and cyber threats, the Act’s role in resolving these issues is primary. This study is a critical review of the DPDP Act, its main provisions, the challenges encountered in its implementation, and potential future developments to enhance the Act. The paper employs a comparative legal methodology, focusing on the Act’s provisions, enforcement mechanisms, and weaknesses. It relies on research into the doctrines and a critical analysis of applicable case law to assess the Act’s success in ensuring data privacy and the practical difficulties it faces. The results reveal several acute problems, including gaps in enforcement, government exemptions that narrow the statute’s scope, and concerns about data localization requirements. Nonetheless, the Act’s benefits for data subjects are evident in its provisions, including those on informed consent and data access. Although the DPDP Act provides an adequate legal framework for data protection, it still needs to be refined to align with emerging technologies, including AI and blockchain. The further revisions must address enforcement challenges and make the Act more global and effective in the context of rapidly changing digital environments. This paper highlights the need to continually revise it to protect individuals’ privacy and build confidence in the Indian digital landscape.

Secularism Under Command: The Jurisprudence of Discipline and Conscience in India’s Military Constitutionalism

BHOOMI JAIN — 2025-12-31

When Lieutenant Samuel Kamalesan declined to enter his regiment’s sarva dharma sthal during mandatory parades, citing his Christian beliefs, the Delhi High Court and Supreme Court supported his dismissal under Article 33. They prioritized military discipline as a constitutional necessity over the religious freedoms outlined in Article 25. This strict approach lacks proportionality and highlights the conflict between India’s sarva dharma sambhava secularism and the needs of the armed forces, which risks forcing a blending of beliefs that goes against the fundamental principle of neutrality.
By examining Articles 25 and 33 alongside cases like Prithi Pal Singh Bedi1 and S.R. Bommai2, this paper compares India’s restrictive position to more accommodating models such as the U.S. DoD 1300.17 chaplaincy, UK JSP 983 opt-outs, Israel’s IDF exemptions, and the ECHR’s Kalaç v. Turkey (1997)3 proportionality. The paper suggests amendments to the Army Act to include exemptions, secular training mandates, and judicial standards based on Modern Dental College4 to balance individual conscience with group cohesion.
By rethinking faith as a form of pluralistic strength, the study traces the development of military constitutionalism. While discipline remains essential, it should allow for specific accommodations to prevent overshadowing the core values of the Republic. Kamalesan does not seek to eliminate rights while in uniform, but rather to integrate them in a way that fortifies security through a commitment to constitutional principles.

From Waste to Wealth in Amrit Kaal: A Legal and Policy Analysis of India’s Transition towards Environmental Sustainability and the Circular Economy through Waste Management

Nisheeth Chandrachoor — 2025-12-31

The need to adopt eco-friendly and environmental sustainable practices have advanced to become central focus in every corner of the world today. In this context, the green economy is an inclusive development model which can promote sustainable economic growth and social prosperity whilst minimizing environmental degradation. The development of industrial economy entails generation of waste, and it is so much that the environment is not able to destroy or reuse it naturally. Given this situation, the importance of waste management as its solution, is increasing day by day. Waste management refers to a broader concept that includes a series of regulations, practices, and strategies that reduce, reuse, recycle waste, and encourage responsible consumption and production. Waste from production processes can be a valuable source of secondary materials that would otherwise be land filled or incinerated, generating pollution and wasted resources. By recycling these materials from waste and reintegrating them into the materials production loops, critical raw materials can contribute to reduced environmental impacts and the promotion of circular economy. Any industry committed to reduce its carbon footprint should ultimately look to the Circular Economy. India’s commitments for the transition to a circular economy are also evident in the Panchamrit announced during COP26 and the G-20 Delhi declaration.
The Amrit Kaal period, which celebrates the 75th year since India’s independence, is an opportunity for the country to learn from its shortcomings and change its approach towards waste management and the environment. This paper seeks to identify the initiatives taken towards environmental sustainability and circular economy through waste management in India. The paper aims to elucidate how India can implement its waste management efforts through green technology, innovation and public-private partnerships, which will not only lead to environmental conservation, boost economic growth but also important to realise the vision of Viksit Bharat by 2047.

The Amrit Kaal period, which celebrates the 75th year since India’s independence, is an opportunity for the country to learn from its shortcomings and change its approach towards waste management and the environment. This paper attempts to identify the initiatives taken towards environmental sustainability and circular economy through waste management in India. The paper aims to elucidate how India can implement its waste management efforts through green technology, innovation and public-private partnerships, which will not only lead to environmental conservation, boost economic growth but also important to realise the vision of Viksit Bharat by 2047.