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2025 (5) TMI 80

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..... based entity which specializes in web, mobile application, and software development, with several mobile applications listed on the Google Play Store. Further, the Informant generates revenue by delivering in-app ads on its mobile applications and utilizes Google Ad Manager for this purpose. 3. The Commission considered the Information and documents filed therewith in its ordinary meeting held today and noted that the allegation of the Informant primarily relates to various ad-tech intermediation services provided by Google. The Commission observes that advertisers and publishers depend on such ad-tech intermediation tools for the placement of real-time advertisements, such as banner or display ads. These tools can be broadly categorized i .....

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..... ts prima facie assessment, acknowledges that each of these ad-tech tools serves distinct purposes, offers unique functionalities, and possesses specific characteristics that make them non-substitutable with one another. Consequently, at this stage, the Commission concurs with the Informant's market delineation, recognizing the inherent differences in the intended use and features of these tools. 5. As regards dominance of Google in these ad-tech intermediation digital tools, the Commission in its prima facie order dated 07.01.2022 passed in Case No. 41 of 2021 has noted that "....at this stage is prima facie satisfied that, based on the global presence of Google, as adumbrated supra, it can be reasonably inferred that Google occupies a .....

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..... (2)(b)(i) of the Act. 6.4. Google's Unified Pricing Rule functions as a de facto price parity clause and harms publishers by removing their flexibility to create competitive pricing structures, while also preventing 3PX from competing effectively on price. As per the Informant, such actions constitute an abuse of market power under Section 4(2)(a)(i) of the Act, as it imposes unfair and discriminatory conditions on publishers and 3PX. 6.5. While publishers generally receive adequate information about prices and fees from other ad tech providers, Google Ads is an exception, as it does not disclose the fees for its services. Moreover, publishers and advertisers lack visibility into Google's revenue share across the entire AdTech sup .....

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