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means (legal tools) to assess the harm has further reduced the pace of enforcement and success of the
infringement charges to legitimise the fast-moving digital technology. The fault-finding procedures are faced
with multitude problem in gathering intangible digitised based evidence, automated theorem (based on the
Evidence Algorithm (EA) and System for Automated Deduction (SAD)). Hence, EA information and SAD
access requires expertise and experts to gather the evidence for the legal proceedings. The finding unveiled this

3. Digital Economy in Asian Eco-system: Governance Issues and Challenges
3.1 Regulatory Challenges and Shortcomings in Asian shore

Asian magnitude of consuming class stirred robust digital revolution and online platforms play a prominent
role in the creation of digital value that forms the current and future economic growth (in reshaping its business
eco-system. Asian digitalisation process has triggered potential benefits and dangers, mixed with unpredictable
and blurred algorithmic intervention, with difficulty to find the fault (Ramaiah, Sirait & Smith, 2019). Although
Asian markets have adopted and benefitted the digitalization features in almost all sectors of the economy, with
disruptive policies, but at what cost and whose term of development? The ‘big data’ syndrome has peaked
digital corporations to strategically merge for monopoly. M&A is most prominent in rapidly changing
technology (especially in high technology) and fierce competition industry like WhatsApp (acquired by
Facebook), Grab and Uber. Hence, regulating digital merger become pivotal focus of concern of national and
regional CL authorities (Ramaiah,2020). Therefore, digital dividends (development benefits) only reaped if
better regulations, human capital, and good governance placed to manage it (Maria, 2017) against the risks of
distortionary and adverse effects of digital technologies. Thus, digital technologies to benefit everyone
everywhere, need “analog complements” to ensure competition among businesses, by adapting workers’ skills
to the demands of the new economy, and by ensuring that institutions are accountable (World Bank,2016). But
comparatively developing Asia’s regulatory environment for competition is weak compared to the scale
economies enabled by the internet and digital technologies giant to concentrate their economic power globally.
Such network effects can promote dominant entity to grow stronger toward a single, winner-take-all standard
in the market (Liu, et al.,2012) and “to act as private regulators setting the rules of the game on the markets they
control.” and “act as private gatekeepers to critical online activities for an exceptionally large population of
private and business users.” (Geradin, 2020). The impact is more serious on Asian market because of our
borrowed technology dependence.

3.2 Challenges in Using Competition Law on Digital Market in Asia: Case study from Malaysia, Indonesia and
India

Grab surfaced as the nationwide and region-wide monopoly in E-hailing industry, from consumer
transportation to food delivery and more. (Ramaiah, 2020) when Grab Holdings Inc., and Uber Technologies
Inc. merged in 2018. Their horizontal anti-competitive merger unfolded like a tell-tail without any specific
regulatory clearance or public disclosure of information and took off unguarded in most SEA nations (Ramaiah,
2020). Singapore, Competition and Consumer Commission of Singapore (CCCS) first to declare Grab-Uber
marriage as anti-competitive merger (Section 62 Competition Act 2004 (Chapter 50B)(SCA, (CCCS, 2018)
that creates an exclusivity arrangement that would potentially burden new entrant to spend a lot of money to
build up driver and rider networks similar in scale and size to the incumbents. The CCCS’s decision caused and
triggered other SEA government’s regulators, mainly Malaysia, Indonesia, Vietnam, Philippines, and Thailand
to monitor Uber-Grab merger repercussions on their shore. (Reuters, 2018, 27 July; Ramaiah,2019).
Malaysia Competition Commission(MyCC) although was instructed (The Edge, 2018; The Malaysian
Insight, 2018) but was unable to nab the merger transaction for possible legal violations (Khuen, 2018) because

E- Proceedings of The 5th International Multi-Conference on Artificial Intelligence Technology (MCAIT 2021) [134]
Artificial Intelligence in the 4th Industrial Revolution