Ad-tech investigation clubbed with pending proceedings after the Commission accepted distinct market segments and ordered consolidated inquiry.

Google's ad-tech intermediation practices were treated as suitable for clubbing with pending matters because the information covered substantially the same subject matter already under investigation. At the prima facie stage, the Commission accepted the informant's market delineation across publisher ad servers, ad buying tools, ad exchanges, and general web search services, noting that these tools served distinct functions and were not substitutable. Finding that the allegations overlapped with existing proceedings, the Commission directed a consolidated investigation by the Director General under the proviso to Section 26(1) of the Competition Act, so the ad-tech conduct would be examined comprehensively in one combined inquiry.

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Issues: Whether the information concerning Google's ad-tech intermediation practices required a separate inquiry or was liable to be clubbed with the already pending investigation, and whether the allegations disclosed a prima facie case warranting consolidated examination by the Director General.

Analysis: The information concerned ad-tech intermediation services in several distinct segments, including publisher ad servers, ad buying tools, ad exchanges, and general web search services. The Commission accepted, at the prima facie stage, the informant's market delineation because the identified tools served distinct functions and were not substitutable. It also noted that Google's ad-tech conduct was already under examination in pending matters before the Director General. Since the subject matter in the present information was substantially the same as that already under investigation, the matter was considered suitable for clubbing under the proviso to Section 26(1) of the Competition Act, 2022, so that the ad-tech practices could be examined comprehensively in one consolidated investigation.

Conclusion: The information was clubbed with the pending matters and the Director General was directed to conduct a comprehensive consolidated investigation.

Final Conclusion: The proceeding was brought to a close by consolidation with existing investigations, leaving the allegations to be examined in a combined inquiry rather than through a separate standalone investigation.

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