LIJDLR

Collective bargaining

THE GIG ECONOMY AND COMPETITION LAW: A FRAMEWORK FOR CURBING PLATFORM-BASED MARKET ABUSE

THE GIG ECONOMY AND COMPETITION LAW: A FRAMEWORK FOR CURBING PLATFORM-BASED MARKET ABUSE Mohan Kumar N, LLM Student, Amity Law School, Amity University, Bengaluru. Jyotirmoy Banerjee, Assistant Professor, Amity Law School, Amity University, Bengaluru. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.48 The proliferation of digital platforms has revolutionized labor markets through the gig economy model. This paper examines the intersection of India’s competition law framework with platform-based labor markets. It analyzes how dominant platforms exercise substantial market power in ways that may constitute abuse. The Indian Competition Act, 2002, and the proposed Digital Competition Law have yet to fully address platform-specific challenges. These platforms frequently exhibit winner-takes-all dynamics through network effects and data aggregation advantages. Worker misclassification further compounds competitive distortions by enabling cost advantages through regulatory arbitrage. This research explores how algorithmic management systems create information asymmetries that disadvantage both workers and consumers. It proposes a specialized regulatory framework addressing the unique characteristics of platform markets. The paper advocates a two-pronged approach: adapting competition law doctrines to platform contexts and developing platform-specific regulations. Additionally, it examines worker classification reforms to eliminate unfair competitive advantages. Drawing comparisons with international approaches like the EU Digital Markets Act, this study contributes to the developing jurisprudence on platform regulation in India. Policy recommendations focus on enhancing algorithmic transparency, establishing gatekeeper criteria, and improving regulatory oversight to curb anticompetitive practices in India’s rapidly evolving digital ecosystem.

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POWER IMBALANCES AND FAIRNESS IN STANDARD FORM CONTRACTS: A CRITICAL ANALYSIS OF PROFESSIONAL SPORTS AGREEMENTS

POWER IMBALANCES AND FAIRNESS IN STANDARD FORM CONTRACTS: A CRITICAL ANALYSIS OF PROFESSIONAL SPORTS AGREEMENTS Rajeeb Kumar, LLM Student at Gujarat National Law University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.47 This research paper critically examines standard form contracts in professional sports, analyzing their structural inequities and impact on athlete rights. The study reveals how these standardized agreements create power imbalances that systematically disadvantage athletes, particularly rookies, women, and those in developing markets. Through legal analysis and comparative case studies, the paper identifies three key issues: restrictive compensation structures limiting earning potential, gender disparities in contract terms, and invasive clauses governing personal data and conduct. The research compares contractual systems across North America, Europe, and emerging markets, highlighting varying approaches to athlete protections. The analysis explores landmark legal cases that have reshaped contract norms and examines emerging challenges from digital technologies and globalization. Findings demonstrate critical gaps in current frameworks, particularly regarding data privacy, mobility restrictions, and pandemic-related contingencies. The study proposes practical reforms, including modular contract designs, enhanced collective bargaining, and regulatory safeguards to balance efficiency with fairness. Concluding with a forward-looking model, the research emphasizes transparent negotiations, equitable risk distribution, and career sustainability.

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