SUMMARY
This is a matter of national importance and the world is looking at us, says Additional Solicitor General N Venkataraman
The matter was heard by a bench comprising Chief Justice of India DY Chandrachud and Justices Krishna Murari and PS Narasimha
In October 2022, CCI imposed a penalty of INR 1,337.7 Cr on Google for abuse of dominance in the Android devices market
In the much-publicised Android antitrust ruling against tech major Google, the Competition Commission of India (CCI) on Wednesday (January 18) told the Supreme Court that the issue was of national importance.
Representing the competition watchdog, Additional Solicitor General N Venkataraman was quoted by news agency PTI as saying, “This is a matter of national importance. The world is looking at us.”
The matter was heard by a bench comprising Chief Justice of India DY Chandrachud and Justices Krishna Murari and PS Narasimha.
Arguing before the bench, ASG Vekataraman urged the Supreme Court to hear the matter and not direct the matter to National Company Law Appellate Tribunal (NCLAT) again. He added that the tech major ought not be given ‘two innings’ before the tribunal in the contentious matter.
Chiming in, Google’s counsel Abhishek Manu Singhvi said that both parties wanted to be heard by the Apex Court. The bench eventually agreed with the contention and listed the matter for hearing on Thursday (January 19).
At the outset, CJI Chandrachud noted that the bench was looking to send the matter back to the NCLAT, as the tribunal had not looked at Google’s application for an interim stay. He further suggested that the tribunal should look at all aspects of the tech giant’s petition before SC looks into the matter.
The bench also suggested that it would ask Google to appear before the NCLAT and direct the latter to hear the matter on January 23.
“We will ask them (Google) to not seek adjournment and till then direct that no coercive action be taken for two weeks, or, we will merely set aside the order of NCLAT and direct it to freshly look into it on Monday. Then, we won’t have to pass any interim order,” added CJI Chandrachud.
Afterwards, ASG Venkataraman made his ‘second innings’ remark and called on the Apex Court to hear the matter. Post this, the SC marked the matter for hearing on Thursday.
The two sides have been at odds with each other ever since the CCI, in October 2022, imposed a penalty of INR 1,337.7 Cr on Google for the alleged abuse of dominance in the Android devices market. In another judgement, the CCI penalised Google for INR 936 Cr over its Play Store policies.
In both the cases, the CCI has issued a slew of orders that have directed the big tech player to mend its conduct and implement changes to its operations in the country. It is these directives that Google has sought to quash.
In the Android devices case, the tribunal has refused to grant any interim relief to the tech major, directing it to deposit 10% of the fine.
Google now seeks to get the NCLAT order quashed by the Supreme Court. The matter is listed to be heard by the top court on Thursday.
Despite the hiccups, Google has left no stone unturned to contest the CCI’s order, as it looks to protect its market in the country.
