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32. The Appellants impressed upon us the importance of DPDP Act by providing us how it has evolved basis the landmark judgment of the Honourable Supreme Court of India in the case Justice 11K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC, which established that the right to privacy is a fundamental right protected under Article 21 of the Indian Constitution. The Court reasoned that privacy is an incident of fundamental freedom or liberty guaranteed under Article 21, which states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." Privacy was described as encompassing personal autonomy, bodily integrity, the Puttaswamy case (2017) 10 SCC, paras 300-306, 328 Competition Appeal No. 1 & 2 of 2025 24 of 184 right to self-determination, and informational privacy--highlighting its relevance in the digital age. The judgment made it clear that the right to privacy is not absolute; it can be restricted, but only if the state action is lawful, pursues a legitimate aim, and is proportionate and necessary. It was brought to our notice that the Puttaswamy judgment directly led to the creation of the Digital Personal Data Protection (DPDP) Act 2023, making privacy protections operational in Indian law and fully covers the issue raised in this case. Appellant argues that the DPDP Act builds upon Puttaswamy judgment by requiring informed consent, purpose limitation, and data minimization--key privacy principles identified in the judgment. It establishes rights for individuals (data principals) like access, correction, and erasure of personal data, seeking to uphold individual autonomy against state and private interference. The Act attempts to balance privacy interests against legitimate state aims like national security, echoing Puttaswamy's proportionality and necessity tests for privacy restrictions. We note that even though the DPDP Act, inspired by Puttaswamy, governs the collection and processing of personal data, prioritizing consent and autonomy. However, Competition law, enforced by the Competition Commission of India (CCI), prevents abuse of dominance and anti-competitive practices, which increasingly include unfair data practices such as forcing users to consent to data collection as a condition for service and which has been taken extensively by us separately.

C. Zero-price market economics and appropriate analytical approach||Competition in zero-priced digital products - Privacy of data

- as a non-price factor?

54. We note the pivotal role played by data in the operation of digital platforms. Business Entities are able to provide zero-priced products only because there is value attached to the vast amount of data that is collected from their users. We note that this Tribunal's judgment in Google LLC & and Anr. vs. Competition Commission of India CA (AT) No. 10 of 202321 (Paras 210 to 213) has set out the central role played by data in zero-priced multi-sided digital markets (while specifically referring to advertising) and competition concerns arising therefrom. In digital markets, an enterprise's competitive advantage is increasingly shaped by the amount, diversity, and quality of data it possesses access to such data has become a crucial source of market power, as it allows platforms to improve services, target users more effectively, and operate more efficiently than their competitors (as recognised in Matrimony.com Limited vs. Google LLC & Ors. Case No. 7 of 201222; Paras 249, 196-200). Furthermore, due to data's scalable and reusable nature, Google LLC & and Anr. vs. Competition Commission of India CA (AT) No. 10 of 2023 Matrimony.com Limited vs. Google LLC & Ors. Case No. 7 of 2012; Paras 249, 196-200 Competition Appeal No. 1 & 2 of 2025 38 of 184 dominant platforms can reinforce their position by creating high entry barriers, limiting rivals' access to essential data, and shaping market dynamics in their favour ultimately distorting fair competition. [Paras 28.1 and 28.2 @ pg. 11 of Impugned Order].

58. The sub-issue before us is the role played by data in the operation of digital platforms. Basis submissions of both sides and also material placed on record, in our appraisal, we find that business entities in the digital world are able to provide zero-priced products only because there is value attached to the vast amount of data that is collected from their users. The Tribunal's judgment in Google LLC and Anr. vs. Competition Commission of India CA AT No. 10 of 2023 has set out the central role played by data in zero-priced multi-sided digital markets while specifically referring to advertising and competition concerns arising therefrom. Furthermore, we find that in digital markets, an enterprise's competitive advantage is increasingly shaped by the amount, diversity, and quality of data it possesses; access to such data has become a crucial source of market power, as it allows platforms to improve services, target users more effectively, and operate more efficiently than their competitors as recognised in Matrimony.com Limited vs. Google LLC Ors. Case No. 7 of 2012.

102.3 Entry barriers: Significant challenges exist for new entrants in building a large enough user base and obtaining sufficient data to provide advertisers with measurable and effective targeting. Regulation can also pose additional hurdles.

[Paras 205.1-205.4 @pgs. 125-126 of Impugned Order] 102.4 Superior access to data leads to perception of superior ads offerings:

Meta's family of apps (Facebook, Instagram, WhatsApp) together have well over a billion users each, allowing Facebook to collect a wide range of first-party data Competition Appeal No. 1 & 2 of 2025 67 of 184 and third-party data. This superior access enables Facebook to better understand its users and provide more accurate targeting, improve user engagement with the platform and with ads; and offer advertisers clear measurement of ad performance, contributing to the perception that Facebook-