CCI Ruling: SC Quashes Google’s Modification Plea In Android Case

The Supreme Court on Friday (February 10) refused to change, or modify, its January 19 order that ruled against Google in the Android antitrust case and directed the tech giant to make changes to its Android ecosystem and pay a fine of INR 1,337.76 Cr.

“No further explanation is necessary. Go present your appeal before the National Company Law Appellate Tribunal (NCLAT),” a bench led by Chief Justice DY Chandrachud told Google, as per a report by The Free Press Journal.

After the apex court denied giving interim relief to Google in the case, refusing to interfere in both CCI’s and NCLAT’s orders, the company filed a modification application on January 25, saying that the SC did not record the full extent of the offer made by Google. 

Among the changes that Google adopted to comply with the CCI order included the company’s plan to roll out user choice billing for all apps and games from February and giving freedom to users in choosing their default search engine while setting up a new Android device.

Google’s counsel, senior attorney Maninder Singh, reportedly told the court that the January order needed to be modified, or clarified, for guaranteeing the unbundling of only Search and Chrome from the Play Store and Chrome from Search. 

In its plea, Google had earlier said that it was “ready and willing” to comply with the CCI directions to the extent that it would ensure the “unbundling of only (i) Search and Chrome from Play, and (ii) Chrome from Search.” 

“In terms of the decision of the European Commission dated July 18, 2018, the appellants would ensure that the search app pre-installation exclusivity on portfolio wide RSAs would not be pursued,” Google’s modification application said.

“This court had the option of either remitting the proceedings to NCLAT or considering whether a case of grant of interim relief is made out. We have adopted the second course of action for two reasons. First, remitting the matter back to NCLAT for a detailed hearing on merits of the application for interim relief would necessitate lengthy arguments, resulting in delay in the final disposal of the appeal in accordance with the time schedule set out in the order of the NCLAT,” the tech giant said.

The competition watchdog had imposed a penalty on Google in October last year for forcing smartphone makers to install Google Mobile Suite on every Android mobile device, which was viewed as a misuse of its dominance in the Android ecosystem. 

Besides the abuse of its market dominance, the competition watchdog has slapped another penalty of INR 936 Cr on Google for its Play Store policies.

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