Google Files Modification Plea In SC Before Reverting To NCLAT

NCLAT Upholds CCI’s INR 1,338 Cr Penalty On Google

SUMMARY

Google’s modification plea noted that the SC did not record the full extent of its offer

The application was filed on the day when Google India announced sweeping changes to its Android and Play Store policies to comply with the CCI’s ruling

Under the new changes, Google will roll out user choice billing for all apps and games beginning next month. Besides, users will also be free to choose their default search engine while setting up a new device.

A few days after the Supreme Court ruled against Google in the Android antitrust case, the tech giant has now filed a modification application in the matter.

The plea, which was filed on Wednesday (January 25), noted that the SC did not record the full extent of Google’s offer.

The petition sought for modifying the submissions made by Google’s counsel and highlighted that it did not record the entire ‘offer’ made by the tech major regarding the partial compliance of the Competition Commission of India’s (CCI’s) directives.

The judgement does not record the offer related to partial compliance of CCI’s ten directions that was made on behalf of Google in the Android matter — more particularly in paras 617.1, 617.2 and 617.4 — and should be stayed, the modification plea noted.

The application was filed on the day when Google India announced sweeping changes to its Android and Play Store policies to comply with the CCI’s ruling.

Google was forced to incorporate CCI’s directives after the Apex Court refused to intervene in the antitrust case. Under the new changes, Google will roll out user choice billing for all apps and games beginning next month. Besides, users will also be free to choose their default search engine while setting up a new device.

At the centre of the fracas are two separate CCI rulings that imposed a cumulative penalty of INR 2,273 Cr on the US-based tech giant for its abuse of dominance in the Android devices market and one-sided Play Store policies.

Following this, Google approached the NCLAT against the CCI rulings to get the matter quashed. The tribunal refused to intervene. Subsequently, Google approached the SC against the NCLAT verdict in the Android case.

Eventually, the SC refused to grant any interim relief to Google and sided with the competition watchdog on the matter. As a result, the tech major was forced to incorporate the changes.

As of now, Google’s legal strategy still remains unclear as it looks to take on the CCI in the much-publicised antitrust battle.