argument: Notizie/News - Competition Law / Antitrust Law
Source: MediaNama
MediaNama reports on a significant legal challenge brought by IndiaMart, India’s largest B2B marketplace, against OpenAI in the Calcutta High Court. IndiaMart alleges that ChatGPT has "specifically and consciously" excluded its platform from search responses while citing other comparable marketplaces. The company claims this exclusion is based on OpenAI’s mechanical reliance on a report by the United States Trade Representative (USTR) without any independent evaluation or opportunity for a hearing. IndiaMart argues that this exclusion has caused substantial reputational and commercial harm, as users increasingly rely on AI engines to discover suppliers and products, and being left out amounts to unfair competition and trade libel.
Justice Ravi Krishan Kapur, in a hearing held on December 26, 2025, observed that IndiaMart appeared to have been "selectively discriminated against" without logical justification. While the court declined to grant immediate relief before hearing from OpenAI and other respondents, it acknowledged that the petitioner made a strong prima facie case regarding loss of goodwill. The case is scheduled for a detailed hearing on January 13, 2026, and is expected to set a major precedent for AI accountability and platform neutrality in India. It raises critical questions about whether global AI providers can rely on foreign government reports to determine the visibility of local businesses on the open commercial web.