Keywords – Google, Supreme Court, NCLAT, CCI, Penalty.
Google Challenges ₹1,337 Crore Penalty in Supreme Court for Anti-Competitive Conduct
Google has filed an appeal in the Supreme Court against the decision of the National Company Law Appellate Tribunal (NCLAT) that upheld the ₹1,337.76 crore penalty imposed by the Competition Commission of India (CCI). The penalty was imposed on Google for engaging in anti-competitive behavior within the Android ecosystem.
According to a Google spokesperson, the appeal was filed because the NCLAT failed to apply the requirement of proving harm for anti-competitive conduct to certain directions issued by the CCI, which the NCLAT upheld.
The NCLAT set aside four key directions issued by the CCI, which included:
1. Google should not deny access to its play services APIs to disadvantage OEMs, app developers, and competitors.
2. Google should not restrict users from uninstalling its pre-installed apps.
3. Google should allow app store developers to distribute their app stores through Google Play Store.
4. Google should not restrict app developers in any manner from distributing their apps through side-loading.
The NCLAT found that the CCI’s investigation into Google’s conduct was not in violation of principles of natural justice and that the pre-installation of Google Mobile Services (GMS) on Android phones amounted to unfair use.
In addition to the penalty, the CCI directed Google to cease participating in anti-competitive practices and modify its conduct within a specified timeline. The directions included OEMs’ freedom to decide app placement, decoupling licensing of Play Store from pre-installing Google services, prohibiting incentives for exclusivity, allowing uninstallation of pre-installed apps, and enabling users to choose their default search engine.
Google’s appeal seeks to challenge the penalty and the upheld directions in the Supreme Court.
Written by- Anjali Sudha, College name – Haridev law college, Kashipur, Semester- 6th sem an intern under Legal Vidhiya
