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Role of Competition Commission (CCI), Ransomware Attack on Defence Unit, H5N1 Outbreak in Cambodia

Table of Contents

(General Studies II – Polity section – Statutory, Regulatory and various Quasi-judicial Bodies.)

  • In November 2024, India’s Competition Commission (CCI) concluded that leading food delivery platforms, Zomato and Swiggy, breached antitrust laws by favouring certain restaurants through exclusivity contracts and price parity clauses.
  • This finding underscores the challenges in maintaining fair competition in India’s rapidly growing digital economy.

Case Overview

The CCI’s investigation, initiated in 2022 following a complaint from the National Restaurant Association of India, revealed that Zomato and Swiggy engaged in practices detrimental to market competition. These practices included:

  • Exclusivity Contracts: Agreements that restricted partner restaurants from collaborating with competing platforms.
  • Price Parity Clauses: Mandates preventing restaurants from offering lower prices on other platforms or their own channels.

Such arrangements limited consumer choices and hindered the growth of smaller competitors.

Relevant Legal Framework

The Competition Act, 2002, serves as India’s primary legislation to promote competition and prevent anti-competitive practices. Key provisions pertinent to this case include:

  • Section 3(1): Prohibits agreements that cause or are likely to cause an appreciable adverse effect on competition.
  • Section 3(4): Addresses anti-competitive vertical agreements, such as tie-in arrangements and exclusive supply or distribution agreements.

The CCI’s findings suggest that Zomato and Swiggy’s practices violated these provisions by imposing unfair restrictions on restaurant partners.

Role and Functioning of the CCI

Established under the Competition Act, 2002, the CCI is tasked with:

  • Preventing Anti-Competitive Practices: Investigating and curbing agreements and practices that adversely affect competition.
  • Promoting and Sustaining Competition: Ensuring markets remain competitive for the benefit of consumers and businesses.
  • Protecting Consumer Interests: Safeguarding consumers from unfair trade practices and ensuring fair market access.

In this case, the CCI’s proactive investigation highlights its commitment to maintaining market fairness, especially in the digital sector.

Reform Suggested to Overhaul CCI
Competition Law Review Committee (2019): Established by the Ministry of Corporate Affairs, this committee proposed several reforms: Structural Changes: Introducing a ‘Green Channel’ for automatic approval of certain mergers and acquisitions to expedite the process. Strengthening Enforcement: Enhancing investigative powers and ensuring timely disposal of cases to improve enforcement efficiency. Digital Economy Focus: Updating the Act to address challenges posed by the digital economy, including issues related to data privacy and market dominance by tech giants. 2. Standing Committee on Finance (2020): This parliamentary committee emphasized: Autonomy and Accountability: Ensuring the CCI operates independently while being accountable, suggesting a balance between autonomy and oversight. Capacity Building: Investing in training and resources to equip the CCI to handle complex cases, especially in the digital and technology sectors. 3. National Institute of Public Finance and Policy (NIPFP) Report (2021): Commissioned by the CCI, this report recommended: Market Studies: Conducting regular market studies to proactively identify and address anti-competitive practices. Advocacy Initiatives: Enhancing competition advocacy to promote a culture of competition among businesses and consumers. These recommendations collectively aim to fortify the CCI’s role in fostering a competitive, fair, and dynamic market environment in India.

The CCI’s findings against Zomato and Swiggy emphasize the importance of fair competition in India’s digital economy. As digital platforms continue to influence consumer behaviour, regulatory vigilance is crucial to prevent monopolistic practices and ensure a level playing field for all market participants.
  • The Isak-Muivah faction of the National Socialist Council of Nagaland (NSCN-IM) has threatened to resume armed resistance for the first time since signing the framework agreement with the Indian government in 2015.
  • The group accuses the government of betraying the agreement and failing to address its key demands:
  • Recognition of a separate Naga flag
  • Separate Naga constitution
  • Integration of Naga-dominated areas in Assam, Manipur, and Arunachal Pradesh to create ‘Greater Nagaland’ or ‘Nagalim.’
  • The group demands third-party intervention to resolve the issue, warning of renewed violent confrontation if their demands are not met.
  • The ceasefire pact with the Indian government was signed in 1997 by NSCN-IM, followed by the 2015 framework agreement aimed at achieving a peaceful resolution.
Evolution of the Naga Conflict in India
Naga Hills became part of British India in 1881, fostering resentment over imposed governance and cultural differences.
World Wars: Nagas supported the British in both wars, submitting a 1929 memorandum for autonomy during Simon Commission discussions.
Naga National Council Formation (1946): Advocated for self-rule, signing the Nine-Point Agreement with the Governor of Assam in 1947. Declared Independence on 14th August 1947.
A 1951 plebiscite overwhelmingly supported independence.
Armed Rebellion (1950s): Insurgency led to massacres and Indian Army deployment.
Nagaland Statehood (1963): Violence continued post-statehood.
NNC signed the Shillong Accord (1975), but insurgency continued with NSCN’s rise in 1980s.

Dig Deeper: Read about other Militant organisations of Nagaland.

  • A study in Frontiers of Medicine suggests a potential link between the inactivated COVID-19 vaccine CoronaVac (Sinovac Biotech) and immune thrombotic thrombocytopenic purpura (TTP), a rare blood disorder.
  • It analyses two TTP cases and regional data indicating a rise in incidence after COVID-19 vaccination.
  • While TTP is rare (approximately one new case per million annually), rates increased after COVID-19 vaccination campaigns.
  • TTP is a rare, life-threatening blood disorder characterized by the formation of small clots that block blood flow to vital organs, causing fatigue, fever, bruising, bleeding, and kidney dysfunction.
  • It is linked to a deficiency in the clot-regulating enzyme ADAMTS13, resulting from genetic mutations or autoimmune responses.
  • COVID-19 vaccines may trigger autoimmune responses leading to ADAMTS13 deficiency, causing TTP development.
  • A direct causal link between vaccination and TTP remains unconfirmed.

Dig Deeper: Read about rare autoimmune diseases.

  • The 2023-24 annual report by the Department of Personnel Training (DoPT) revealed a ransomware attack on a critical defence unit, blocking system access until a ransom was paid.
  • A massive breach also impacted the Aadhaar and passport details of millions, alongside names, phone numbers, and addresses.
  • Distributed Denial-of-Service (DDoS) attacks on critical infrastructure and airports faced malicious internet traffic disruption.
  • As per CERT-In statistics of 2023, 15,92,917 cybersecurity incidents were reported, a sharp increase from 53,117 incidents in 2017.
CERT-In (Computer Emergency Response Team – India)
CERT-In, established in 2004 under the Ministry of Electronics and IT, is India’s nodal agency for cybersecurity.
It monitors and mitigates cyber threats like malware, phishing, and ransomware while issuing advisories and guidelines.
CERT-In conducts training, promotes secure digital practices, and collaborates with global and domestic bodies to strengthen India’s cyber defence.

Dig Deeper: Read about multiple organisations under different ministries in the Indian Cyber Threat Response Administration.

SC Directives to the Government
Issue revised, mandatory accessibility standards within three months.
Universal Design: Create public and private spaces, services, and products using a universal design that ensures accessibility for everyone, regardless of ability, age, or status.
Assistive Technology Integration: Mandating the integration of assistive and adaptive technologies, such as screen readers, audio descriptions, and accessible digital interfaces, to ensure digital and informational accessibility.
Integrate accessibility into the design of new services and infrastructure from the inception stage to avoid costly adjustments later.
  • The Supreme Court in Rajive Raturi v. Union of India affirmed that accessibility for disabled persons is a fundamental human right and an essential prerequisite for equality, freedom, and dignity.
  • SC judgment was passed in the light of the report submitted by NALSAR – Centre for Disability Studies titled “Finding Sizes for All- A Report on the Status of the Right to Accessibility in India” which was prepared by the Centre in collaboration with persons with disabilities, disabled person organizations and experts on accessibility.
  • Accessibility as a Right: SC held accessibility is not a convenience but a fundamental requirement for enabling persons with disabilities (PwDs) to exercise their rights meaningfully.
  • Accessibility standards under the Rights of Persons with Disabilities Rules, 2017 are not mandatory, leading to poor compliance.
  • Disability is created by external barriers (physical, organizational, and attitudinal), not inherent to individuals.
  • Emotional and relational needs of PwDs, including privacy and access to intimacy, are often ignored, leaving many without space to address these requirements.

Dig Deeper: Read the Rights of Persons with Disabilities Rules, 2017 and various Government initiatives to improve accessibility.

Reassortment of Virus
Reassortment is the process by which influenza viruses swap gene segments.
This genetic exchange is possible due to the segmented nature of the viral genome and occurs when two differing influenza viruses co-infect a cell.
The viral diversity generated through reassortment is vast and plays an important role in the evolution of influenza viruses.
  • After over a decade without human H5N1 cases, Cambodia reported a novel reassortant virus involving gene segments from two clades, 2.3.2.1c and 2.3.4.4b of H5N1(Bird flu) raising concerns about zoonotic transmission and its implications.
  • Most cases were linked to contact with infected poultry or bird droppings.
  • No evidence of human-to-human transmission.
  • The reassortant virus emerged from genetic mixing of clade 2.3.2.1c, prevalent in Southeast Asia, and clade 2.3.4.4b, detected globally.
  • The hemagglutinin (HA) gene showed divergence from earlier Cambodian strains and clustered with samples from Vietnam and Laos.
  • Amino acid mutations in the reassortant virus suggest enhanced mammalian infection capacity.
  • The mutation associated with increased mammalian adaptation and airborne transmission, was detected.
  • High-density poultry farming, wild bird migration, and cross-border trade were identified as factors facilitating reassortment.
Bird Flu (Avian Influenza)
Bird flu, or avian influenza, is caused by influenza A viruses, primarily H5, H7, and H9 subtypes, with H5N1 and H7N9 posing the greatest risk to humans.
It spreads through contact with infected birds, their droppings, or contaminated surfaces.
Symptoms in humans include fever, cough, and severe respiratory issues, with high mortality rates in severe cases.
Mutations increasing human-to-human transmission pose pandemic risks.

Dig Deeper: Read about the recent case of H9N2 in India.