CCI vide its order dated November 17, 2015 closed the case filed by M/s Systweak Software, engaged in the development and distribution of computer software operating with Windows and Mac Operating Systems, against an American based company namely M/s Symantec Corporation (OP) engaged in the activities of development and marketing of anti-virus software.
It was alleged that the OP’s anti-virus software alerts its users/customers about Informant’s Applications as Potentially Unwanted Application (‘PUA’) on its website and products, preventing the potential customers from installing and using the product offered by the Informant. Such act of the OP is alleged for the breach of the provisions of Section 3 of the Act and denial of market access resulting in violation of the provisions of Section 4(2) (c) of the Act.
CCI after referring the available information delineated the relevant market as ‘market for development and sale of computer security (anti-virus) software in India’. CCI examined the licensing agreement for security (anti-virus) between customer/ computer system user and the OP. CCI was of the view that such agreement with the end consumer is not envisaged under section 3 of the Act. Hence, prima facie violation of the provisions section 3 of the Act is ruled out in this case. The CCI further observed that as per the data provided by the Informant, the global market share of the OP is merely 7.1 % in January, 2015 and ranked 5th position amongst its competitors. Moreover, the users have many more options to purchase the security (anti-virus) software and as such the OP prima facie does not appear to be dominant in the relevant market. In the absence of dominance of the OP in the relevant market, it is not required to look into its alleged abusive conduct under the provisions of section 4 of the Act.
(Source: Order dated November 17, 2015. For full text see CCI website-www.cci gov.in)