Investigation by the Competition Commission of India (CCI)

The CCI is investigating top media agencies to uncover evidence of potential cartelisation in collaboration with broadcasters, aiming to manipulate market dynamics.

Purpose and Progress of the Investigation

• The investigation seeks to determine if media agencies have been colluding with broadcasters to manipulate advertising rates and market conditions.
• The probe began on Tuesday and continued through Wednesday, concluding questioning of all agencies involved.
• CCI officials questioned top executives, seized mobile phones and laptops, and requested contracts and details of advertising deals.

Key Concerns of the Investigation

• Determining whether agencies gained clients through preferential deals with broadcasters, accessing advertising inventory at below-market rates.
• Assessing if exclusive pricing arrangements between media agencies and major broadcasters resulted in unfair competitive advantage.

Potential Legal and Industry Implications

• Agencies found engaging in anti-competitive practices could face substantial penalties, including fines up to three times their annual profits or 10% of their annual turnover for each year of violation.
• Findings may lead to increased scrutiny and regulatory oversight, potentially reshaping the media agency landscape in India.
• The investigation extends to industry bodies like the Indian Broadcasting & Digital Foundation (IBDF), the Indian Society of Advertisers (ISA), and the Advertising Agencies Association of India (AAAI).

Industry Advisory and Practices

• In September 2023, the IBDF issued an advisory discouraging lower pricing as the sole factor for awarding accounts to media agencies.
• The advisory emphasized maintaining prevailing rates and preventing unilateral discounts by new agencies pitching for advertiser business.