Today(on 18th July), The Supreme Court of India will hear cross-pleas from Google and the Competition Commission of India (CCI) in September, regarding NCLAT’s verdict on Google’s alleged anti-competitive practices in the Android market. Both parties challenge the ruling related to Google’s market conduct.
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NEW DELHI: Today(on 18th July), The Supreme Court of India announced that it will hear the cross-pleas of Google and the Competition Commission of India (CCI) in the second week of September. These appeals challenge a verdict by the National Company Law Appellate Tribunal (NCLAT) regarding Google’s alleged anti-competitive practices in the Android mobile device market.
A bench, including Chief Justice D Y Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, considered the appeals and decided that the pleas could be scheduled for a later date.
Senior advocate Harish Salve, representing one of the parties, suggested-
“The plea may be reserved for final resolution at a later date.”
Following this, the bench confirmed that the cross-pleas would be listed for final disposal in the second week of September.
Previously, the bench had designated lawyer Sameer Bansal as the nodal counsel to facilitate the preparation of common digital pleadings. This was aimed at simplifying the adjudication process with the assistance of lawyers from both sides.
On March 29 of last year, the NCLAT delivered a mixed verdict on the case involving Google’s alleged anti-competitive practices. The tribunal upheld a significant fine of Rs 1,338 crore imposed by the CCI but dismissed certain conditions, such as the requirement for Google to allow third-party app stores on its Play Store.
The NCLAT supported the fine, confirming that Google had exploited its dominant position in the Android market. However, it overturned an order from the anti-trust regulator that had previously mandated Google to permit the removal of its pre-installed apps by users.
On July 7 last year, the Supreme Court of India began reviewing appeals from both Google and the Competition Commission of India (CCI) concerning a judgement by the National Company Law Appellate Tribunal (NCLAT). This judgement had significant implications for Google’s operations in India, particularly in relation to its Android mobile device practices.
Earlier, the NCLAT, in a detailed 189-page order, upheld six crucial directions issued by the CCI. Among these directives, one required Google to allow users to choose their default search engine during the initial setup of their devices. Another directive stipulated that original equipment manufacturers (OEMs) could not be compelled to pre-install a suite of Google apps. These directives aimed to foster a more competitive and fair market environment for mobile device users and manufacturers.
The appellate tribunal had instructed Google to comply with these directions and to deposit the imposed penalty within 30 days.
The tribunal noted-
“The Commission’s order is upheld, except for the four specific directions issued.”
It further clarified that –
“Google is therefore not entitled to any relief other than the setting aside of the aforementioned four directions.”
The NCLAT order stated-
“The appellant (Google) is permitted to deposit the penalty amount (after adjusting the 10 percent already deposited under the order dated January 4, 2023) within 30 days from today.”
This case’s origins trace back to October 20, 2022, when the CCI imposed a hefty penalty of Rs 1,337.76 crore on Google. The penalty was for anti-competitive practices related to its Android mobile devices. The regulator also commanded the internet giant to cease and desist from various unfair business practices that were detrimental to the competitive landscape of the market.
