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1 - 10 of 43 (5.50 seconds)The Delhi Prevention Of Defacement Of Property Act, 2007
Section 27 in The Competition Act, 2002 [Entire Act]
Section 19 in The Competition Act, 2002 [Entire Act]
THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023
Shri Vinod Kumar Gupta vs Competition Commission Of India on 2 August, 2022
45. Appellant has placed reliance on Vinod Kumar Gupta v. Competition
Commission of India, Competition Appeal No. (AT) 13 of 2017 (Vinod
Kumar Gupta) in which this AT had dismissed allegations of abuse of
Competition Appeal No. 1 & 2 of 2025 33 of 184
dominance by WhatsApp in relation to the 2016 Update at the prima facie stage
itself and argues that CCI should have exercised judicial restraint in line with
AT's own decision. We find that this judgement is of no help to the Appellants
as the 2016 and 2021 policies are fundamentally different. The scope of data
collection and sharing under the two policies is different, with the 2021 Policy
being much more expansive. Moreover, CCI's order under Section 26(2) was
preliminary, but the impugned order was a final order under Section 27 after
detailed investigation
Shri Vinod Kumar Gupta, Chartered ... vs Whatsapp Inc on 1 June, 2017
168. Appellants have also relied on the arguments of multihoming. Appellant
claims that ability to multi-home means there exists no real dependence, and
Competition Appeal No. 1 & 2 of 2025 103 of 184
consumers can have both WhatsApp and Telegram on their phone and switch
between them, and in fact they often do. Appellant also relied on observations
in Vinod Kumar Gupta v. WhatsApp, Fast Track Call Cab Private Limited v. ANI
Technologies [Para 90 @pg. 47 of the Impugned Order]. CCI's contends that
efficacy of multi-homing is greatly reduced by network effects, and fact that
these messaging apps are not interoperable. Activity will therefore remain
concentrated on app with bigger user base, even if there is multi-homing;
consequently, dependence of consumers on that app doesn't really diminish.
There is a high level of dependence of consumers on WhatsApp. Extent of multi-
homing, as indicated by Dr. Pinar then Akman paper, seems incorrect. If, as
stated in the paper, 86% of users multi-home between WhatsApp's and its
competitors, WhatsApp's competitors' MAUs should be much higher (as
opposed to only -86 million users for Telegram compared with WhatsApp 534
million users). Telegram and Signal have much smaller user bases compared to
WhatsApp. [Para 91 @pgs. 47-48 of Impugned Order].
Google Llc & Anr vs Competition Commission Of India & Ors on 29 March, 2023
[Paragraph 66, 21Google LLC v. Competition Commission of India,
Competition Appeal (AT) No. 01 of 2023 (Google NCLAT Decision)
(07/2012) Matrimony.Com Limited vs Google Llc & Others (30/2012) Consumer ... on 31 January, 2018
- all that is shown is that both mediums of advertising can be done by the same
party and on the same web page, not that they are substitutable overall.
145.10 Google itself has been found to be dominant in the online search
advertisement market in In Re: Matrimony.com Limited v. Google LLC & Ors.
Case No. 07 of 2012 (Paras 20-21 and 103-106) and CUTS v. Google LLC &
Ors. Case No. 30 of 2012. The assessment has to be done in the context of
overall information available on record and the corresponding market reality,
and not on the basis of submissions of one or two parties.
Flipkart Internet Private Limited vs Competition Commission Of India on 9 August, 2021
c. In 18Flipkart Internet Pvt, Ltd. and Ors, V. Competition
Commission of India and Ors., WA Nos. 562/2021 and
563/2021 (GM-RES) (Paras 42), a Hon'ble Division Bench of
the Hon'ble High Court of Karnataka has held as under: