Google Requests India’s Supreme Court to Invalidate Android Antitrust Regulations

According to two sources, Google is requesting India’s Supreme Court to dismiss antitrust orders accusing it of exploiting the Android market. This move is part of its legal fight against the competition regulator in one of its crucial markets.

The Competition Commission of India (CCI) said in October that Google, whose Android mobile operating system runs on 97 percent of India’s 600 million smartphones, had abused its dominant position.

It ordered Google to remove restrictions on device makers, including restrictions on pre-installing apps, and fined the US company $163 million, which it paid.

In March, an Indian court granted partial relief to the Alphabet Inc unit by overturning four of the ten orders in the case.

The court said the CCI’s findings on Google’s anti-competitive practices were correct but gave relief to Google by setting aside some directives that forced it to change its business model.

Google is now asking the Supreme Court to overturn the remaining directives, the first source with direct knowledge said.

Google also claims in its filing on Monday that it has not abused its market position and should not be liable to pay the fine, the source added.

Google confirmed the Supreme Court filing in a statement and said it looked forward to presenting its case and showing how Android benefited users and developers.

An Indian court had ruled that authorities must prove harm caused by anti-competitive conduct, “but did not apply this requirement” to several of the CCI’s Android directives, Google explained on the basis of its latest challenge.

Google’s Supreme Court challenge has not been previously reported.

The CCI has also approached the Supreme Court seeking to overturn the court’s decision to grant partial relief to Google, according to a third source. CCI did not respond to a request for comment.

Google has been particularly concerned about India’s Android decision, as the directives were seen as far-reaching than those imposed in the European Commission’s landmark 2018 ruling against the operating system.

In recent months, Google had made major changes to Android in India as a result of the directive, including allowing device manufacturers to license individual applications for pre-installation.