Fortnite Maker Epic Games Moves NCLAT Against Google For Not Complying With CCI Order

Epic Games, the maker of Fortnite video game, has reportedly filed a case against Google in the National Company Law Appellate Tribunal (NCLAT) in New Delhi alleging that the tech giant has not complied with the order of the Competition Commission of India (CCI).

The US-based gaming firm alleged that Google is not hosting its app on its Play Store, which is in violation of the CCI’s order asking the company to allow third-party apps on its Play Store and permit users to install other apps via sideloading, news agency Reuters reported.

“We are seeking to join Indian developers in court to support the CCI’s order that requires Google to allow competing third-party app stores,” Bakari Middleton, Director of Global Public Policy at Epic Games, was quoted as saying.

The CCI levied a cumulative penalty of INR 2,274 Cr on Google last year in two separate cases pertaining to the tech giant’s anti-competitive practices in India. While a fine of INR 1,337.7 Cr was imposed on the tech major in the Android devices case, a penalty of INR 936 Cr was slapped on Google over its one-sided Play Store policies.

The CCI said that the big tech major denied market access to competitors and disincentivised original equipment manufacturers (OEMs) in many cases.

Last week, the Supreme Court refused to change, or modify, its January 19 order that ruled against Google in the Android antitrust case and asked it to approach the NCLAT.

Earlier, the apex court denied interim relief to Google and refused to interfere in the NCLAT order refusing to stay the CCI’s penalty of INR 1,337.76 Cr.

Last month, Google India announced changes to its Android and Play Store policies to comply with the CCI’s rulings. Among the key changes, Google said user choice billing will be available to all apps and games beginning February 2023.

However, the Alliance of Digital India Foundation recently said that despite the changes announced by Google to its Play Stores policies, the tech giant is non-compliant with the competition watchdog’s order.