The Attention Economy and India's Competition Law

The digital economy has transformed the nature of competition by shifting the focus from traditional price-based markets to the increasingly valuable resource of human attention. This paper examines how attention operates as a competitive asset within India’s digital markets and argues that competition law must evolve to address the realities of platforms driven by behavioural influence, data accumulation, and user engagement. Drawing from constitutional principles of autonomy, meaningful choice, and dignity, along with the evolving jurisprudence of the Competition Commission of India, the paper explores how attention capture can shape dominance, market access, and consumer choice. It highlights the limitations of conventional competition analysis in markets where influence operates through design, habit, and algorithms rather than price. The paper argues that recognising attention as a competitive parameter is essential for aligning Indian competition law with the realities of the digital age while preserving constitutional values of freedom and choice.