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23. The Commission has perused the submissions made by Informants and Google in this regard. The Commission notes that data about market share of licensable smart TV OS suppliers has not been made available either by the Informants or Google. However, the proxy suggested by the Informants (i.e. market share of smart TV OEMs) seems prima facie reasonable to estimate market share of Android TV OS in the relevant market as the OS used by OEMs is a public knowledge. In this backdrop, the approach suggested by the Informants appears to be relevant as it gives reasonable approximation of market power enjoyed by different smart TV Best Practices for developing on Android TV; on YouTube, available at https://www.youtube.com/watch?time_continue=7&v=Vo-UQDVykIs&feature=emb_logo OS providers. The Commission has accessed the market share data of smart TV OEMs from the Statista.com 2 , wherein, the market share assigned to major smart TV OEMs is as follows: Xiaomi - 27% (licenses Android TV), LG - 14% (uses proprietary WebOS), Samsung - 10% (uses proprietary Tizen), Sony - 9% (Licenses Android TV as well uses Linux based OS), TCL - 8% (licenses Android TV), Others3 (32%). As already stated, non-licensable smart TV OSs do not appear to be part of the same relevant market and accordingly, sales of LG, Samsung and Sony (based on Linux based OS4), which are based on a non-licensed smart TV OSs, should be excluded from the market share analysis. Based on this methodology, the market share of major OEMs in the market for licensable smart TV OSs is as follows: Xiaomi - 37%, Sony - 7% (based on sales of Android TV based smart TVs only), TCL - 11%, 'Others' using Android TV - 35% and 'Others' using Smart TV OS other than Android TV - 10%. Thus, based on a preliminary estimation of the market shares of different licensable smart TV OSs, it appears that the market share of Android TV OS is almost 90%. The Commission has also noted that Android TV is now used in 7 out of top 10 smart TV OEMs which include TCL, As available at: https://www.statista.com/statistics/1092228/india-smart-tv-market-share-by-vendor/ As per the information available in public domain, the 'Others' category which constitute a significant portion of the smart TV market, primarily covers OEMs like Panasonic, Sharp, Philips, iFFalcon, Motorola, Nokia, Sanyo, OnePlus, Thomson, Llyod, etc. All of these OEMs appear to be using Android TV in their smart TVs. Some other OEMs in the 'Others' category viz. Toshiba, Amazon Basics, Onida, etc. uses smart TV OS other than Android TV. To compute the market share data for the purpose of prima facie analysis, the Commission has made crude apportionment of the market share assigned to 'Others' by Statista.com, between Android TV and other OSs, based on the number of OEMs using these OSs.

As per the submissions of Google, Linux based OSs are preinstalled on around 50% of Sony's smart TV devices. Google has also claimed that Linux based OSs are preinstalled on around 30% of TCL's smart TV devices, however, as per information available in public domain, smart TVs sold by TCL are based on Android TV. In any case, even assuming that 30% of smart TVs sold by TCL are based on Linux, the market position of Android TV would not change significantly.