This article has been written by Oishika Banerji, a student of Amity Law School, Kolkata. This article focuses on the career opportunities that are available in the field of big data and competition law.

Introduction 

Competition law is the branch of law that helps in regulating and restoring the balance in the market competition by anti-competitive conduct of the companies. The concern about Big Data revolves majorly around merger cases that involve data that are associated or related with the market. This merger can lead to differentiated access and a rise in the concentration of data if the transaction creates an entity that holds a large database. This kind of combination of interests brings in concern if that makes it impossible for the competitors to get access to the information. With the world slowly moving towards the adoption of artificial intelligence in every sphere, machines are replacing manual labour in the workplace. 

This has led to the evolution of an uncertain competition in the market for the adjustment to a new normal which is time-consuming. The market is filled with questions: will there be a complete replacement of the human workforce with that of AI or will both equally exist in a market. AI is accompanied by digitalization globally. This has accelerated the growing trend of the economy as well. The working of AI is regulated to some extent by Big Data. Therefore, the collaboration of AI and Big Data acts as a stumbling block in the pathway of competition law globally, which can only be resolved if market players are well versed with the same and technology is used as a boon rather than a curse. When there is so much to delve into, it becomes obvious that there exist several career opportunities relating to this field. 

Big data and competition law: The beneficial combination

The growing concerns of Big Data in the field of market competition have led to the thought that the accumulation of a large amount of data can act as a dominance for any company over the market and other companies inclusive in that market. 

Ways in which big data affects competition law

The growing concerns of Big Data in the field of market competition have led to the thought that the accumulation of a large amount of data can act as a dominance for any company over the market and other companies inclusive in that market. But just having the access to data cannot wholly contribute to a company becoming dominant in the market. Several aspects need to be taken into consideration in such a situation. Some of them are provided hereunder:

1. Whether the competition in the market is fair in the sense that all companies should have access to the same data as the company who already has access.
2. Whether there is the presence of supplementary data to replace the collected data from the company.
3. Along with the access to the data, the company should also be in possession of the ways to analyse and monitor the data collected.
4. The features of the data collected by the company should also be taken into concern.

The aspects provided above outline the fact that if a company has the access to a large amount of data also, it is not sufficient for the company to gain dominance in the market and thereby bring changes in the competition existing in the market. But the fact is these aspects are not taken into concern; rather what is observed is the possession of a company in terms of the amount of data present with the same. This creates a challenge for the competition law governing market trends.

Career opportunities surrounding Big data and competition law

In a report produced by Ernst & Young India, it has been notified that more than 80% of enterprises based in India are headless about the competition law domain in India. The scenario in multinational companies is slightly satisfying for the majority of them are well versed with the competition law legislation and have therefore adopted measures with infrastructure to implement the same. Further, if the analysis by Nishith Desai Associates is viewed, the same reveals that approximately 590 cases are pending with the Competition Commission of India(CCI), among which 83% were cases associated with the wrongdoings of CCI and 5% cases were those of which the commission had taken cognizance of. What can be inferred from the above discussion is that there exists a lot of scopes for a man to set his career in the field of competition law and big data in the following ways:

Law firms

Both competition law and Big Data are essential domains that law firms deal with. The working of any business is looked after by the legal team specializing in competition law. Mergers and acquisition along with vital aspects of competition for multi-billion dollar companies are all handled by one of the few Tier 1 law firms in the country. Notable names among them are Cyril Amarchand Mangaldas, AZB & Partners, Trilegal who have established a robust competition law practice in recent times. As competition law and big data goes hand in hand with each other, it has become necessary for these firms to hire lawyers who are technologically advanced enough to apply existing laws in a better way. These firms have highly experienced and specialized teams and hence it is understandably extremely tough for a fresher in the field to start their competition law journey with them. Relevant experience of a few years and an LLM in the field are a bare minimum to be a part of these teams. Once there, the salaries are unquestionably higher than the usual standard.

Litigation and individual practitioners 

Drawing from the above discussion, it can be said that the role of law firms in the field of big data and competition law is immense. But it will be wrong to say that it is only the law firms that handle competition law aspects. There are equally significant amounts of work that are handled by individual lawyers while they handle their respective clients. This world load ranges from all the compliance work to policy framing, to handling allegations related to competition breaches like abuse of dominance, cartelization, etc.

Issues surrounding these works seek the help of litigational aspects of competition law and big data. Since India has borrowed her competition jurisprudence from various other jurisdictions like the USA, EU, etc., its practice is still new and constantly evolving. Although freshers nowadays after passing out from their colleges opt for law firms over litigation, the field of litigation calls for lawyers equipped with enough legal knowledge which overall will be responsible for contributing to the judicial system. It is therefore a must for everyone to gain an insight into the litigation. Freshers as well as lawyers trying to make a transition should definitely consider starting here, for a much required and clear understanding of this niche area of law.

In the case of Rajasthan Cylinders and Containers Limited v. Union of India, the Supreme Court decided that it is the responsibility of the Competition Commission of India to ensure that competition should be existing in the market and the same competition must be a healthy one and the consumers associated with the market should be able to benefit from the competition that is existing. This adds to the above discussion and also tells the growing need for lawyers in this field. 

Government bodies and organizations 

As our country is developing along with other countries across the world, the domain of big data and competition law draws a lot of attention. The Competition Commission of India (CCI) being a regulatory authority of competition law in India has regular vacancies for people with different degrees of experience. Jobs at CCI include both research-related and litigation related positions and the salary and working hours are both extremely comfortable. Working here is sure to give a strong understanding of all aspects of competition laws such as antitrust, anti-competitive, etc. along with on the ground practice. Experience at CCI is obviously one of its kind and goes a long way in establishing anyone’s career in this field.

Also, after the dissolving of the Competition Appellate Tribunal (COMPAT) in 2017, the appeals of all competition matters are now directed to the National Company Law Appellate Tribunal (NCLAT), which is another body having vacancies of law graduates with diverse experiences. An opportunity to work at either of these government bodies is sure to give a good foundation to anyone’s law career in this field.

Transportation sector 

Big Data has a significant influence on the transport sector. Companies associated with this sector that has a well-built structure and network can use digitalization for the growth of their entities. The prominent illustration of the same is the coming of the apps that provide service of online cabs that are Uber and Ola to be specific. These apps have raised the competition existing in the field of transportation relatively by means of the usage of data and technologically mechanized procedures. These companies are involved in tracking the data of the riders along with their location and routes to reach the destination that wants to. All these are carried out while booking the cabs itself. Thus, these are preferred over normal taxis on the road or any other means of public transportation. This in turn calls for lawyers to look into this aspect of competition law. 

Work surrounding research institutes and Think Tanks

Research institutes and think tanks play an immense role in making competition law accessible to the public at large contributing to their understanding as well. The domain of big data has a lot of things to be discovered, hence the need for research is indispensable. This, therefore, can prove to be a successful start for fresher lawyers. CUTS Institute of Regulation and Competition (CIRC) is a well-known think tank that indulges in meaningful research pertaining to consumer and corporate interest both. These think tanks work at an interesting intersection of competition and IP laws which is an added advantage in understanding working with a different perspective. 

Another big research institute is the Jindal Institute on IP and Competition (JIRICO) established at the OP Jindal Global University. Doing some noteworthy work in the field, they also operate on the cusp of IP and competition. The use and distribution of patents have tricky implications in competition law and JIRICO is known to do some plausible research in the same. Think tanks have regular vacancies for people willing to indulge in research in the area, and are the perfect place for in-depth understanding. Experience in these renowned institutes is also beneficial for Post Graduation, LL.M, and better job prospects in the field. This will provide one with a professional as well academic edge. Starting salaries are also commensurate with the standard.

Conclusion

Hence, Competition Law like all other laws comes with the aim of maintaining a balance in the markets around the globe. Different countries have different ways of interpreting the same. The world is fast progressing and advancing technologically in every aspect. Therefore, the career opportunities surrounding big data and competition law are immense and waiting to be grabbed and put to use. 

References 

• https://www.springerprofessional.de/en/artificial-intelligence-and-competition-law/17451778
• http://competitionlawblog.kluwercompetitionlaw.com/2018/09/11/virtual-competition-challenges-competition-policy-algorithm-driven-market/?doing_wp_cron=159064 66 6 0 .3606929779052734375000
• https://blog.ipleaders.in/opportunities-in-competition-law/

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