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Preeti Kodwani vs. Sundar Pichai and Others

Competition Commission Of India5 January 2026

Ratio decidendi

The rule this decision rests on

Where an information under Section 19(1)(a) does not disclose a prima facie contravention of Sections 3 or 4 of the Competition Act, 2002, the Commission may close the matter under Section 26(2) without directing an investigation. An information that is vague and broad, that does not clearly articulate the nature of the alleged contraventions, and that does not state the role, conduct and contribution of each opposite party, does not establish a prima facie contravention, and the allegations remain indeterminate and legally unsustainable. An informant who does not specify the manner in which the provisions of the Act are allegedly violated, and whose documentary evidence is largely illegible and incapable of scrutiny, fails to furnish material capable of supporting a prima facie finding of contravention. Relief under Section 33 cannot be granted where no prima facie contravention of Sections 3 or 4 is found, and a request for such relief is rejected on that footing.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

COMPETITION COMMISSION OF INDIACase No. 36 of 2025In Re:Preeti KodwaniA-402, Shiv Ganga Park, Near Punjabi Colony, InformantUlhasnagar – 421 003.And Sundar Pichai Opposite Party-1/OP-1LOS Altos Hill, CA,FIFC, 7th Level, BKC, Bandra, Mumbai – 400 051.Bhavesh Jeswani Opposite Party-2/OP-2B-103, Shiv Ganga Park, Ulhasnagar – 421 003.Samaira Jeswani Opposite Party-3/OP-3B-103, Shiv Ganga Park, Ulhasnagar – 421 003.Rushan Hafiz Opposite Party-4/OP-41001, Reyhaan Towers, Sahar Rd, Jogeshwari,Mumbai – 400 102.EY (Rohit Limaye, Joval Varghese) Opposite Party-5/OP-5B2, 5th Floor, Nirlon Knowledge Park, Goregaon, Mumbai.Kuwarjit Singh Duggal Opposite Party-6/OP-6Plot No. 2, Sant Kripal Singh Marg, Canal Rd,Vijay Nagar, Delhi – 110 009.Case No. 36 of 2025Alankrita Rana Opposite Party-7/OP-7Shop No. A1-10, Kolte Patil Downtown,Ashoka Nagar, Kharadi, Pune – 411 014.Opposite Party-8/OP-8Mohit Krishnani10th Floor, Hiranandani Knowledge Park,Wing-Alpha, Powai, Mumbai – 400 076.Tanya Khanchandani Opposite Party-9/OP-9Meera Avalon, 2nd Floor, Ambernath.Pearl Jain Opposite Party-10/OP-1010350 Richmond Avenue, Suit 400,Houston, Texas, USA.Nishant Shedale & Associates Opposite Party-11/OP-11Duke University, 2138 Campus Dr. Durham,NC 27708.Apple LLC Opposite Party-12/OP-12Apple Park, 1 Infinite Loop, Cupertino,CA 95014, USA.Mohit Rohra Opposite Party-13/OP-13B-104, Shiv Ganga Park, Ulhasnagar – 421 003.Hitesh Jeswani Opposite Party-14/OP-14B-104, Shiv Ganga Park, Ulhasnagar – 421 003.Rajinder Singh Ji Maharaj Opposite Party-15/OP-15Plot No. 2, Sant Kripal Singh Marg, Canal Rd,Vijay Nagar, Delhi – 110 009.Case No. 36 of 2025Rasmi Rana Opposite Party-16/OP-16IT Building No. 3, 8th Floor, Nesco IT Park,Goregaon, Mumbai – 400 063.Meet Merchant Opposite Party-17/OP-17Memories Photo Studio, Shop No. 3, Himanshu Residency,Prem Nagar, Borivali (W), Mumbai - 400 092.Anam Hafiz Opposite Party-18/OP-181001, Reyhaan Towers, Jogeshwari,Mumbai – 400 102.Arshaan Hafiz Opposite Party-19/OP-191001, Reyhaan Towers, Jogeshwari,Mumbai – 400 102.Bhairavi Opposite Party-20/OP-20B-501, Shiv Ganga Park, Ulhasnagar – 421 003.Amazon Seller Services Pvt. Ltd. Opposite Party-21/OP-21Bagmane World Technology Center, SEZ, Mahadevpura,Bangalore, Karnataka – 560 048.Flipkart Internet Pvt. Ltd. Opposite Party-22/OP-22Buildings Alyssa, Begonia & Clove Embassy Tech Village,Outer Ring Road, Devarabeesanahalli Village, Bengaluru,Karnataka – 560 103.Wix.com Ltd. Opposite Party-23/OP-23500 Terry A. Francois Blvd., 6th Floor, San Francisco, CA94158.Case No. 36 of 2025CORAM:Ms. Ravneet KaurChairpersonMr. Anil AgrawalMemberMs. Sweta KakkadMemberMr. Deepak AnuragMemberOrder under Section 26(2) of the Competition Act, 2002

1. The present Information has been filed by Preeti Kodwani (‘Informant’) under Section 19(1)(a) of the Competition Act, 2002 (‘Act’), against Sundar Pichai (‘Opposite Party- 1’/ ‘OP-1’), Bhavesh Jeswani (‘Opposite Party-2’/ ‘OP-2’), Samaira Jeswani (‘Opposite Party-3’/ ‘OP-3’), Rushan Hafiz (‘Opposite Party-4’/ ‘OP-4’), EY (Rohit Limaye, Joval Varghese) (‘Opposite Party-5’/ ‘OP-5’), Kuwarjit Singh Duggal (‘Opposite Party-6’/ ‘OP-6’), Alankrita Rana (‘Opposite Party-7’/ ‘OP-7’), Mohit Krishnani (‘Opposite Party-8’/ ‘OP-8’), Tanya Khanchandani (‘Opposite Party-9’/ ‘OP-9’), Pearl Jain (‘Opposite Party-10’/ ‘OP-10’), Nishant Shedale & Associates (‘Opposite Party-11’/ ‘OP-11’), Apple LLC (‘Opposite Party-12’/ ‘OP-12’), Mohit Rohra (‘Opposite Party-13’/ ‘OP-13’), Hitesh Jeswani (‘Opposite Party-14’/ ‘OP-14’), Rajinder Singh Ji Maharaj (‘Opposite Party-15’/ ‘OP-15’), Rasmi Rana (‘Opposite Party-16’/ ‘OP-16’), Meet Merchant (‘Opposite Party-17’/ ‘OP-17’), Anam Hafiz (‘Opposite Party-18’/ ‘OP-18’), Arshaan Hafiz (‘Opposite Party-19’/ ‘OP-19’), Bhairavi (‘Opposite Party-20’/ ‘OP-20’), Amazon Seller Services Pvt. Ltd. (‘Opposite Party-21’/ ‘OP-21’), Flipkart Internet Pvt. Ltd. (‘Opposite Party-22’/ ‘OP-22’) and Wix.com Ltd. (‘Opposite Party-23’/ ‘OP-23’) inter alia alleging contravention of the provisions of Sections 3 and 4 of the Act.

Case No. 36 of 2025

2. It is stated that the Informant is engaged in legitimate business activities and invests considerable resources in marketing and client acquisition through online platforms such as Google and other digital intermediaries. As per the Information, certain dominant players in the digital ecosystems including major technology companies and their associated Artificial Intelligence or ad serving systems are allegedly engaging in practices that unfairly restrict the Informant's market access and divert its commercial opportunities to competitors.

3. It is stated that the cumulative and persistent behaviour has already resulted in severe and fundamental commercial distress for the Informant, specifically by undermining professional roles and effectively cutting off access to funding and investment opportunities.

4. It is alleged that the Informant's digital identifiers (such as email IDs, website accounts, or ad campaign data) are being manipulated or interfered with. Further, leads and customers who search for or interact with the Informant's brand are diverted to competitors, despite paid marketing efforts by the Informant and such diversion constitutes “market allocation" and denial of market access under Section 3(3) and Section 4(2)(c) of the Act, respectively.

5. It is further alleged that platforms with a dominant position in online advertising and search services are using their control to bias search results and ad placements, intentionally suppressing visibility of the Informant's business which amounts to imposing unfair or discriminatory conditions in the sale of services, in contravention of Section 4(2)(a)(i) of the Act.

6. As per the Information, there are attempts to influence international customers (including those in the USA) to boycott the Informant's brand. It is stated that if this involves collusion among competitors or coordinated platform behavior, it represents a concerted refusal to deal.

Case No. 36 of 2025

7. It is stated that the Informant is deprived of access to customers/clients and markets despite legitimate advertising expenditure, compounding the pre-existing harm to its funding and business stability. The Informant further states that competitors gain an unfair advantage through manipulated visibility, therefore harming not only the Informant but also consumer choice and market transparency, leading to appreciable adverse effect on competition (‘AAEC’) in India's digital services market.

8. The Informant has sought the following interim relief under Section 33 of the Act from the Commission: to restrain ongoing hijacking, diversion of traffic and suppression of listings; order for restoration of fair access to digital marketing and ad-serving systems; and immediate cease-and-desist order (injunction) to stop all acts of defamation and malicious interference with the Informant's client acquisition and business relationships. Further, the Informant has requested the Commission to issue a direction to investigate abuse of dominance and collusive behaviour.

9. The Commission, in its ordinary meeting held on 10.12.2025, considered the Information and decided to pass an appropriate order in due course.

10. The Commission notes that the allegations levelled in the Information are vague, broad, and devoid of the requisite particulars, and the nature of the alleged contraventions have not been clearly articulated. Furthermore, there are 23 OPs arrayed in the present matter; however, the specific role, conduct, and contribution of each OP have not been mentioned in the Information.

11. The Commission further notes that the evidence furnished in the Information in the form of screenshots is largely illegible and incapable of proper scrutiny. Even otherwise, the Informant fails to specify the manner in which provisions of the Act are allegedly violated. Therefore, in these circumstances, the allegations remain indeterminate and legally unsustainable.

12. Upon consideration of the facts and circumstances of the present case, the Commission is of the view that there is no prima-facie contravention of provisions of Sections 3 and 4 of Case No. 36 of 2025 the Act warranting an investigation into the matter. Therefore, the matter is directed to be closed forthwith under Section 26(2) of the Act.

13. Consequently, no case for grant of relief(s) as sought under Section 33 of the Act arises and the said request is rejected.

14. The Secretary is directed to communicate the decision of the Commission to the Informant, accordingly.

Sd/- (Ravneet Kaur) Chairperson

Sd/- (Anil Agrawal) Member

Sd/- (Sweta Kakkad) Member

Sd/- (Deepak Anurag) Member

New Delhi Date: 05/01/2026

Case No. 36 of 2025

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