ADIF’s allegations against Google lack merit, rules CCI
In its order, the Commission noted that ADIF had failed to provide new or materially distinct facts to warrant a fresh investigation.
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The Competition Commission of India (CCI) has dismissed allegations brought by the Alliance of Digital India Foundation (ADIF) against Google, concluding that the charges are substantially similar to issues already decided in previous cases.
The ADIF had filed a case under Section 19(1)(a) of the Competition Act, 2002, alleging that Google abused its dominant position in the online search advertising services market through unfair and discriminatory Google Ads policies. The allegations were primarily directed at five Google entities: Alphabet Inc., Google LLC, Google Ireland Ltd., Google Asia Pacific Pte Ltd., and Google India Pvt Ltd.
The CCI, however, determined that the accusations concerning Google’s ad policies, including its restrictions on third-party tech support ads, limitations on call ads, lack of transparency in ad ranking, and keyword bidding practices involving registered trademarks, had all been addressed in previous cases such as Matrimony.com v. Google and Vishal Gupta v. Google.
In its order, the Commission noted that ADIF had failed to provide new or materially distinct facts to warrant a fresh investigation. Specifically, the CCI observed that the allegations mirrored those previously adjudicated and that ADIF's claims lacked sufficient novelty or supporting evidence to overcome the bar set by Section 26(2A) of the amended Competition Act, 2002. This section, introduced in the 2023 amendment, empowers the Commission to reject matters that involve the “same or substantially the same facts and issues” as earlier rulings.
Among the ADIF’s chief complaints was Google's policy banning ads for third-party technical support providers, which it said lacked commercial justification and was unfair to advertisers. ADIF also challenged Google’s restriction on call ads to mobile phones and alleged non-transparency in the ad ranking system, arguing that it allowed Google to manipulate results to its benefit. Another major concern was Google’s policy allowing competitors to bid on keywords containing registered trademarks, allegedly forcing genuine trademark owners to participate in the auction to secure visibility.
Google countered the allegations by arguing that its ad policies were designed to protect users from misleading ads and fraudulent activity. It maintained that the policies around technical support ads and call ads were grounded in consumer safety and operational transparency. Google also defended its ad ranking system, stating that it provided ample tools and data for advertisers to understand and optimize their campaigns. The company emphasized that the use of trademarks in keyword bidding was pro-competitive and consistent with legal standards, enhancing user choice rather than stifling competition.
The CCI supported Google’s stance by referring to its earlier findings in the Vishal Gupta and Matrimony cases, in which it had found no violation of competition law in Google’s ad policies. The Commission also stressed that its decisions are based on competition issues affecting the entire market and not isolated grievances of specific complainants.
In its closing remarks, the CCI stated that re-litigating the same or substantially similar matters undermines the purpose of efficient regulatory adjudication and leads to unnecessary expenditure of public resources. Consequently, the complaint has been dismissed without a formal investigation, and both ADIF and Google have been duly informed of the decision.
Google’s regulatory challenges have widened in recent years, with multiple ongoing antitrust cases spanning mobile ecosystems, app store policies and content discovery platforms.
In October 2022, the CCI fined Google ₹936.44 crore for alleged abuse of its Play Store policies. Although the appellate tribunal later reduced the penalty to ₹216.69 crore, it upheld key findings of the case. Google has challenged the decision in the Supreme Court.
That same month, the regulator also imposed a fine of ₹1,337.76 crore for what it called anti-competitive practices in the Android mobile device ecosystem. Google has since paid the fine in full, following confirmation by the appellate tribunal in 2023.
In April, the CCI approved a settlement in a separate case concerning Google’s Android TV platform, under which the company agreed to pay ₹20.24 crore.
More recently, the tech giant has offered a commitment proposal to open its Play Store to real-money gaming (RMG) apps - an attempt to preempt further regulatory intervention in another ongoing antitrust probe related to gaming app distribution.
