Google Proposes Policy Modification to Address CCI Concerns on Gaming Apps

In the matter of Winzo Games Pvt. Ltd. v. Google LLC and Ors. (Case No. 42 of 2022), Google has submitted a commitment application under Section 48B of the Competition Act, 2002, read with the Competition Commission of India (Commitment) Regulations, 2024. The application offers modifications to Google’s policies regarding the treatment of Real Money Gaming (RMG) apps on Google Play, in response to concerns raised by the Competition Commission of India (CCI) about differential treatment vis-à-vis Daily Fantasy Sports (DFS) and rummy apps permitted under a previous Pilot Program.

The Commission observed that access to Google Play is critical for app developers seeking wide distribution. The alleged exclusion of certain RMG apps could amount to denial of market access, and the extended duration of the Pilot Program may have created enduring advantages for DFS and rummy apps, thereby raising entry barriers for new RMG developers.

Key Proposals by Google:

• The Google Play commitment proposal offers to replace the current Pilot Program by allowing the distribution of all RMGs self-declared by developers as permissible online real money games as per applicable laws, on Google Play in India. RMGs shall be required to submit proof in the form of ‘third party certification’ by ‘recognized third party’ to demonstrate their legal permissibility. RMGs would also be subject to compliance with applicable laws and Google policies, including the Google Play Developer Distribution Agreement (DDA) and Developer Program Policies (DPP).
• In response to CCI’s concerns that Google’s ad policies only allowed advertising for DFS and rummy, limiting visibility and innovation for other RMGs, Google has offered to allow advertising for all skill-based games. Advertisers must demonstrate good standing with a recognised third party and obtain third-party certification that the game qualifies as a permissible game of skill, in addition to complying with Google Ads Policies.
• As far as the issue of the payments warning appearing only for RMGs and not for DFS and rummy apps, Google clarified that this was not the case as Payment Warnings were developer agnostic. They were applied in a uniform and transparent manner and were objectively necessary for user safety, as mandated by several directives of the Reserve Bank of India and the National Payments Corporation of India.

The CCI has invited public comments on Google’s proposed commitments until August 20, 2025.