SC reschedules Google's appeal against CCI's antitrust verdict to 2024
The Supreme Court of India has postponed the hearing of Google's appeal against the National Company Law Appellate Tribunal (NCLAT) order, which supported a Rs. 1,338 crore penalty imposed by the Competition Commission of India (CCI) for anti-trust violations. Initially set for October 11, the hearing has been rescheduled to January 2024 due to the court's involvement with constitution bench hearings.
NCLAT upholds CCI's penalty on Google
In March 2023, the NCLAT partially agreed with the CCI's order concerning Google's alleged abuse of dominance in the Android ecosystem. The tribunal confirmed the Rs. 1,338 crore penalty imposed by the CCI, stating that the order was free from confirmation bias. The NCLAT also concluded that Google's requirement for original equipment manufacturers (OEMs) to pre-install its entire suite of 11 applications was an imposition of unfair conditions and an abuse of market dominance.
Key directions issued to Google by CCI
While supporting the penalty, the NCLAT dismissed four key directions given to Google by the CCI. First, it decided that Google's warnings (sideloading) to users downloading applications from unknown sources were fair. Second, Google was not required to share its proprietary application program interface (API) with third parties. Third, Google's decision not to allow third-party application stores on its Play Store was reasonable. Lastly, it permitted Google to restrict the uninstallation of Google Suite apps on Android phones.
CCI challenged NCLAT's order at the Supreme Court
Even though the NCLAT's ruling partially favored Google, the CCI has challenged it at the apex court. The CCI's initial conclusion in October 2022, based on an investigation report and documents from both parties, determined that Google was abusing its dominant position in multiple markets within the Android mobile device ecosystem. The CCI ordered Google to stop its alleged anti-competitive practices and imposed a hefty penalty of Rs. 1,338 crore.
Impact on competition law and regulations in India
The SC's upcoming hearing in January 2024 will be crucial in determining the final outcome of this high-stakes dispute between Google and the CCI. The ultimate judgment will have far-reaching effects on competition law and regulations in India, as it will establish a precedent for future cases involving dominant tech companies and their alleged anti-competitive practices. This case serves as a reminder of the importance of promoting fair competition in the rapidly evolving technology sector.
