Google Vs CCI: SC To Dispose Pleas Challenging NCLAT’s Order In September

SUMMARY

A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra will likely next hear the matter on September 10

In June 2023, Google moved the apex court and challenged the NCLAT's verdict that upheld INR 1,338 Cr fine slapped on the tech major

In late 2022, the CCI imposed a fine on Google for abusing its dominant position in the Indian Android devices segment

The Supreme Court will dispose of in the second week of September the cross petitions filed by Google and the Competition Commission of India (CCI) against the verdict of the National Company Law Appellate Tribunal (NCLAT) in the Android devices antitrust case.

This was announced by a bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, which was hearing the pleas challenging the NCLAT’s earlier decision to retain a fine of INR 1,388 Cr on Google for abusing its dominant position in the Android devices space.

As per news agency PTI, the SC said it will hear the petitions in the second week of September after advocate Harish Salve said the plea may be kept for final disposal later. The case is likely to be listed for hearing on September 10.

The matter traces its origins to 2022 when the CCI imposed a fine of INR 1,337.6 Cr on Google for abusing its dominant position in the Indian Android devices segment. The competition watchdog also directed the company to undertake sweeping changes to its operations in the country to comply with anti trust regulations.

In March 2023, Google moved the NCLAT and challenged the CCI’s order. Subsequently, the appellate tribunal, while upholding the CCI’s fine, set aside certain directions issued by the CCI.

Eventually, in June last year, Google moved the apex court and challenged the NCLAT’s verdict. In its plea, Google contended that the CCI failed to conduct an “impartial, balanced, and legally sound investigation” while ignoring evidence from Indian users, app developers, and OEMs.

Unhappy with the verdict, the CCI also filed a petition before the SC and challenged a part of the NCLAT’s judgement, which set aside four of the 10 directives it imposed on the tech giant.

Google had argued that the statutory scheme of the Act indicated that to be held abusive, the conduct of a dominant enterprise or group has to be anticompetitive and there has to be an effect analysis on this, a stand opposed by the CCI.

The developments come at a time when CCI has cracked the whip on big tech majors operating in the country. Earlier this year, the market watchdog also found another big tech Apple guilty of abusing its dominant position in the app store market.