No Abuse of Dominance by ‘Astrotalk’ Due to the Presence of Several Other Competing Online Astrology Platforms | CCI

Case Details: InstaAstro Technology (P.) Ltd. vs. Astrotalk Services (P.) Ltd. - [2024] 169 taxmann.com 312 (CCI)

Judiciary and Counsel Details

• • Ms Ravneet Kaur, Chairperson Anil Agrawal, Ms Sweta Kakkad & Deepak Anurag, Member

Facts of the Case

In the instant case, the informant was an App-based platform, offering on-demand astrology services through ‘InstaAstro’, which enabled users to schedule sessions with astrologers over chat/call and provide diversified services such as tarot reading, vastu, vedic astrology, match-making, horoscope reading, etc. Astrotalk was also an online platform as well as an app-based platform, which offered on-demand astrology services similar to ones offered by informant.

Informant filed information alleging contravention of sections 3 and 4 by OP alleging that OP was abusing its dominant position in relevant market of ‘sale of astrology related products and services provided by online platform for selling astrology related solutions in India’ and was poaching informant’s consultants and employees by offering them higher remuneration.

CCI Held

The CCI observed that the allegations primarily fell under purview of contract law. Consultants had freedom to provide their services to any entity as per their discretion and conduct of moving away from one entity to another (to offer services) in lieu of better remuneration, as such could not be examined under realm of Competition Law, more specifically, under provisions of section 3.

Since there existed well entrenched competition in form of several astrology online applications/platforms available in India in the delineated market, OP was not dominant in relevant market.

The CCI held that there existed no prima facie case of contravention of provisions of section 3 and 4 of the Competition Act, 2002 against OP.