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addressing their market size and algorithm and big data monopoly used or abused with respect to finding
infringement on digital based structure.

4. Recommendation and Conclusion to the Legal Conundrum in Digital Economy

A nuanced regulatory approach much required to balance innovation and to focus on platform markets usage
of algorithm to set prices. In the war between Man versus system, sovereignty and efficiency are beginning to
show strong potential for conflict on the following issues: the nature and protection of data, the way it is
communicated and stored, the models and algorithms according to which it is processed and used the authority
it is given to act and the people whose labour it replaces. The Malaysian, Indonesian and Indian case study
reflects the enforcement conundrum in Asia’s digital economy market because far ill-equipped, need more
political will as well as expertise and experts to deal with the digital giants. Asian regulators digital management
and choice of direction on digital market mindsets also more protective of the competitor to avoid the potential
disincentive effect of cooling on the degree of innovations that may restrict the digital economy. The local Asian
regulator needs to embed expertise and expert tools as part of their legal fact-finding to identify the perpetrator
in the digital plethora. Therefore, competition agencies must enhance their existing procedure by appointing
specialists in digital markets units and officers to catch-up with the fast-paced digital markets technological
development. And traditional tools for competition analysis must be refinement to address better the
specificities of online markets, such as the multisided nature of platforms, network effects, zero-price markets,
so-called ‘big data’ and the increased use of algorithms to find the right balance between the man and not
anymore, the machine but the digital embedded brain, the algorithm, AI, or big-data owner to unveil the
perpetrator behind the screen.

Acknowledgements

Authors are grateful and thankful to University Technology MARA (UiTM), Pulau Pinang for all the
financial assistance given for this conference research paper.

References
Case Number 13/KPPU-I/2019 on July 2, 2020
CCI (2014) Mohit Manglani Vs. Flipkart & Ors Competition Commission of India, Case No.80 of 2014
Retrived from https://www.cci.gov.in/sites/default/files/802014.pdf
CCI (2018) Competition Commission of India, Case No.20 of 2014. Retrived from
https://www.cci.gov.in/sites/default/files/20-of-2018.pdf
CCI (2019) In All India Online Vendors Association Vs. Flipkart & Ors Case No. 40 of 2019, Competition
Commission of India. Retrieved from https://www.cci.gov.in/sites/default/files/40-of-2019.pdf
CCI (2020) Competition Commission of India, Case No.15 of 2020, para no.101. Retrived from
https://www.cci.gov.in/sites/default/files/15-of-2020.pdf
CCI (2021) Competition Commission of India, Suo Mote Case No.1 of 2021, para 30 - Retrived from
http://www.cci.gov.in/sites/default/files/SM01of2021_0.pdf
CCI 2016) Case No. 99 of 2016Whatsapp, Competition Commission of India, Case, Retrieved at Retrived
fromhttps://www.cci.gov.in/sites/default/files/26%282%29%20Order%20in%20Case%20No.%2099%20of%
202016.pdf?download=1
CCI Releases ( 2020, January 8) ‘Market Study on E-commerce in India: Key Findings and Observations’.
Retrived from https://www.cci.gov.in/sites/default/files/whats_newdocument/Market-study-on-eCommerce-
in-India.pdf
Chakravartti,P. & Mundle,S. ( 2017) An Automatic Leading Indicator Based Growth Forecast For 2016-17
and The Outlook Beyond. National Institute of Public Finance and Policy New Delhi (NIPFP Working Paper

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Artificial Intelligence in the 4th Industrial Revolution