In October 2022, the CCI imposed a fine of Rs1,337.76 crore on Google, citing antitrust violations linked to its Android mobile operating system. India’s antitrust regulator has said that Android device manufacturers shouldn’t be forced to pre-install Google’s services and called for equitable access for all market players.
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NEW DELHI: In the ongoing legal battle between tech giant Google and India’s Competition Commission (CCI), the Supreme Court of India has scheduled to begin hearings on April 30.
This case revolves around Google’s appeal against the National Company Law Appellate Tribunal’s (NCLAT) decision, which upheld the CCI’s hefty fine of Rs1,338 crore imposed on Google for alleged antitrust violations.
Senior lawyer Harish Salve, representing Google, highlighted the case’s complexity, noting that it brings forth new legal challenges for the court’s consideration. The commencement of the hearing was initially delayed due to the court’s preoccupation with constitution bench-related hearings, despite both Google and the CCI requesting four days each to present their arguments.
The crux of the dispute dates back to October 2022, when the CCI penalized Google ₹1,337.76 crore. This decision was based on findings of antitrust violations linked to Google’s Android mobile operating system. The CCI’s investigation, initiated in April 2019 following user complaints, revealed that Google’s agreements with mobile manufacturers unfairly favored its services, hindering competition in the market. The regulator emphasized that dominant firms like Google have a responsibility to foster fair competition and not engage in practices that could stifle it.
The CCI specifically pointed out how Google’s dominance in online search and its practices restricted market entry for competing applications. It was found that Google abused its dominant position in the Android app store to reinforce its dominance in online general search, thereby violating competition laws.
In March 2023, the NCLAT partially upheld the CCI’s ruling, confirming the ₹1,338-crore penalty on Google. The appellate tribunal recognized the CCI’s decision as unbiased and agreed that Google’s requirement for Original Equipment Manufacturers (OEMs) to preload the entire suite of Google apps was unfair. However, it overturned some of the CCI’s directives, a decision the regulator is now contesting in the Supreme Court.
This case is a pivotal moment in India’s antitrust jurisprudence, as it addresses the balance between technological innovation and market competition. The outcome of the Supreme Court’s hearing could have far-reaching implications for how tech giants operate in one of the world’s largest markets, setting a precedent for future antitrust cases in the digital era.
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