The Competition Commission of India (CCI) is taking a giant leap in enhancing its investigative prowess by inviting bids for the empanelment of Digital Forensic Service Providers.
This move aims to bolster its capabilities in acquiring, analysing, and presenting digital evidence, signalling its readiness to address increasingly sophisticated anti-competitive practices in the digital economy.
The decision comes at a time when digital markets are evolving rapidly, with advanced technologies creating complex ecosystems. Ensuring fair competition in these markets necessitates adopting cutting-edge forensic techniques to identify and analyse digital evidence in cases involving alleged anti-competitive practices.
Equipping for the digital era
The CCI’s comprehensive tender outlines an array of specialised services expected from empanelled vendors, including:
Forensic Data Acquisition and Analysis: From extracting encrypted data to cracking passwords and reconstructing deleted or broken files, the vendors will deploy advanced tools to handle devices like servers, desktops, mobile phones, and third-party cloud services.
Mobile and Application Data Analysis: The service providers must retrieve and analyse mobile data, including text messages, call logs, WhatsApp chats, and app-specific data, enabling the Commission to trace evidence effectively.
Advanced Visualisation Techniques: Data interpretation is a cornerstone of the forensic process. Vendors must create intuitive, visually illustrative presentations of analysed data using cutting-edge tools, aiding investigators in understanding intricate evidence.
Expert Witness Support: Forensic experts will be required to testify in judicial proceedings, ensuring that the methodologies used during investigations are legally sound and defensible in court.
Strengthening investigations in digital markets
The CCI has emphasised the need for service providers capable of conducting forensic acquisitions that meet legal standards under the Bharatiya Sakshya Adhiniyam, 2023, among other relevant laws. The guidelines also highlight the requirement for qualified manpower and the latest software and hardware tools to ensure digital evidence’s sanctity and evidentiary value.
The CCI aims to create a robust mechanism for handling high-stakes investigations by empanelling multiple agencies. The Commission retains the discretion to assign work to one or more agencies, allowing flexibility in managing complex cases.
A response to rising challenges
The move comes against the backdrop of increasing competition concerns in the digital economy, with large technology firms often accused of leveraging their market dominance unfairly. As businesses operate more digitally, the CCI faces an uphill task in uncovering anti-competitive agreements, abuse of dominance, and cartelisation through digital means.
“Digital markets are complex and data-driven. The need for forensic expertise in analysing communications, transactions, and encrypted data is paramount. This initiative underscores the CCI’s commitment to evolving with the times and ensuring accountability in digital markets,” said sources privy to the development.
Industry impact
The empanelment of digital forensic service providers is expected to send a strong signal to companies operating in digital markets that the CCI is not only vigilant but also well-equipped to investigate and prosecute violations effectively. Industry insiders see this as necessary to ensure fair competition in sectors increasingly reliant on technology and data.
With the bid deadline approaching, forensic experts and technology firms are gearing up to apply for the opportunity to work with one of India’s premier regulatory bodies. Once implemented, this enhanced forensic capability is poised to reinforce the CCI’s role as a guardian of competitive markets, particularly in the rapidly transforming digital economy.
As the digital economy expands its footprint in India, the CCI’s proactive approach will play a critical role in maintaining a level playing field for businesses and fostering consumer innovation.