The Supreme Court has set a date of October 10 to hear the cross-pleas filed by Google and the Competition Commission of India (CCI) regarding an appellate tribunal’s verdict on the alleged anti-competitive practices of Google in the Android mobile device case. The pleas challenge the tribunal’s decision, which upheld a fine of Rs 1,338 crore imposed by the CCI on Google for exploiting its dominant position in the Android market.
However, the tribunal scrapped certain conditions, including the requirement for Google to allow third-party app stores on its Play Store. The Supreme Court took up the appeals and requested time to prepare for the case. The parties have been instructed to complete the filing of pleadings by October 7. Lawyer Sameer Bansal has been appointed as the nodal counsel to assist in preparing common digital pleadings for easy adjudication of the matter, PTI reported.
Previously, on March 29, the National Company Law Appellate Tribunal (NCLAT) delivered a mixed verdict on the case. While upholding the fine imposed by the CCI, the NCLAT overturned an anti-trust regulator’s order that prohibited Google from restricting the removal of its pre-installed apps by users. The NCLAT also eliminated the requirement for Google to allow third-party app stores. In response, both Google and the CCI approached the Supreme Court to challenge the NCLAT judgment.
The NCLAT had upheld several directions issued by the CCI, including the instruction for Google to enable users to choose their default search engine during device setup. Additionally, the tribunal clarified that original equipment manufacturers (OEMs) cannot be compelled to pre-install a bundle of apps. Google was directed to implement these directions and deposit the fine amount within 30 days, excluding the four directions that were set aside.
On October 20 of the previous year, the CCI had imposed a penalty of Rs 1,337.76 crore on Google for its anti-competitive practices related to Android mobile devices. The regulator also ordered Google to cease and desist from various unfair business practices. The NCLAT serves as the appellate authority for orders issued by the CCI, and the ruling was appealed before the tribunal.
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