‘Selective discrimination’ against IndiaMART, HC tells OpenAI
Times of India | 27 December 2025
Kolkata: The exclusion of IndiaMART's website and listing from ChatGPT is a prima facie example of "selective discrimination" against the Indian business-to-business aggregator, the Calcutta High Court has said.
IndiaMART — one of India's largest online B2B marketplaces connecting buyers and suppliers — approached HC, alleging that OpenAI had "specifically and consciously" excluded it from surfacing on ChatGPT (OpenAI's generative artificial intelligence) though all other platforms and e-commerce marketplace listings were visible.
Justice Ravi Krishan Kapur, after hearing IndiaMART's contention, refused to pass any interim order but said it appeared that the Indian firm was "selectively discriminated (against) without any logic". ChatGPT and its parent firm (OpenAI), did not appear for the hearing despite being served notice.
IndiaMART said OpenAI's action was based on a report of US Trade Representatives (USTR), a body representing US businesses. "IndiaMART has never been given any chance to defend itself (but) there are other entities whose names are still available on the search engine despite appearing on the USTR list of agencies accused of counterfeiting and piracy," senior counsel S N Mookherjee said.
There could be "a loss of goodwill, reputation and commercial injury being caused to the petitioner", Justice Kapur observed. But he refused to give any relief to IndiaMART as it would "amount to granting a final decree... without giving OpenAI and ChatGPT an opportunity" to present their case. The matter has been listed for hearing again on January 13, 2026.