Delhi HC asks CCI to reply within 2 weeks on Publicis plea over access to case files

New Delhi: The Delhi High Court has issued a notice in the ongoing legal battle between Publicis Groupe's Indian entity, TLG India Private Limited, and the Competition Commission of India (CCI) regarding access to critical case files in a high-profile price-fixing investigation. 

The order, passed by Justice Sachin Datta on August 25, 2025, marks a significant development in the case that has gripped India’s nearly $30 billion media and entertainment sector.

The court has directed the CCI to file a reply within two weeks, with the next hearing scheduled for October 9, 2025. 

Additionally, the respondents have been asked to produce a copy of the prima facie opinion rendered in Suo Motu Case No. 2 of 2024 on the next date of hearing. 

The notice was accepted on behalf of the respondents by their counsel during the proceedings.

This legal action stems from Publicis’s lawsuit filed on August 11, challenging the CCI’s refusal to provide access to case records essential for mounting a defence against allegations of price-fixing and collusion in the advertising industry. 

The CCI’s investigation, triggered by disclosures from Dentsu under its leniency program in February 2024, involved surprise raids in March 2025 on major ad agencies, including Publicis, WPP’s GroupM, Dentsu, and Omnicom, over suspected coordination of publicity rates and discounts via WhatsApp groups and secret pacts.

Publicis, represented by senior counsel Ritin Rai along with advocates Aman Singh, Pushkar Shailendra Singh, Ankit Gupta, and Varun Singh, argued that the lack of access to case files hinders its ability to understand and respond to the allegations. 

The company had previously sought to pause the investigation in July until the records were disclosed, a request that went unheeded, prompting the court filing.

The lawsuit also challenges a CCI summons issued on August 4 to Publicis South Asia chief Anupriya Acharya, demanding her appearance and submission of key documents, including revenue-sharing contracts. 

Publicis has requested the court to quash this summons, citing procedural unfairness.

The CCI, represented by senior advocate Jayant Mehta and a team including Saurabh Chadda, Rohit Bhagat, Vikramaditya Sanghi, Praygesh Pratap Singh, and Aprajita, has been given time to respond. 

The regulator’s investigation has broader implications, targeting industry bodies like the Indian Broadcasting and Digital Foundation (IBDF) and the Indian Society of Advertisers (ISA), with potential penalties of up to three times profits or 10% of global turnover for each year of misconduct if guilt is established.

This case, being the first court challenge in the CCI’s probe, is poised to set a precedent for transparency and due process in antitrust investigations, with the industry keenly awaiting the court’s next ruling.