CCI refuses probe into start-up body’s complaint against Google’s online search ad services

NEW DELHI: The Competition Commission of India (CCI) has decided against launching a probe into the Alliance of Digital India Foundation’s (ADIF’s) complaint against tech giant Google’s alleged abuse of dominance in the online search advertising services market through its Google Ads Policies.

In an order dated August 1, reviewed by ET, the antitrust regulator has stressed that it has “examined in detail the averments made by ADIF and the submissions thereto made by Google, on all the issues related to alleged unfair and discriminatory conditions imposed by Google upon advertisers as part of its Google Ads Policies” before reaching its conclusion.

It also said, “ADIF hasn’t pointed out any specific part of any policy or conduct of Google in support of its claim that the allegations made in the present matter also extend to Google’s Online Display Advertising services”.

As for some other allegations by the ADIF, the regulator said it had addressed similar issues in certain earlier cases and “no purpose would be served by inquiring into the same issue yet again without there being any material change in circumstances being pointed out”.

The regulator added that re-investigating the same issue again “would simply lead to a waste of time and resources of the public exchequer”.

It also said that all the four instances of alleged unfair and discriminatory conditions imposed by Google upon advertisers as part of its Google Ads Policies as raised by ADIF in the present matter, “have already been examined in substance and set to rest by the Commission in its previous decisions in Matrimony case (supra) and/ or Vishal Gupta case (supra)”.

The Commission also said it’s not convinced with the reasons stated by the ADIF for distinguishing its allegations from the issues examined in previous orders passed by it.

“As per the clear language of Section 26(2A) of the Competition Act, the issues examined in the previous order may be ‘the same’ or ‘substantially the same’,” it said in the order.

“Therefore, the present matter is directed to be closed forthwith in terms of the provisions of Section 26(2A) of the Act,” it added.

However, in a separate order, the Commission will analyse the allegations made by the ADIF regarding the abuse of dominance by Google in the online display advertising services market through its Google AdTech Stack.

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