Supreme Court To Consider Arguments Of Google And CCI In Android Mobile Device Dispute On October 10

The Supreme Court has announced that it will consider the cross-pleas of Google and the Competition Commission of India (CCI) on October 10. These pleas challenge the verdict of an appellate tribunal regarding Google’s alleged anti-competitive practices in the android mobile device case. The bench, consisting of Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra, has taken up the appeals and requested some time to prepare for the case.

Senior advocate Harish Salve, appearing for the other side, said the appeal can be preserved for final disposal. The court then stated that the cross-claims can be listed for final hearing on October 10 and the parties must complete their pleadings by October 7. It also appointed advocate Sameer Bansal as an advisor for the preparation of general digital pleadings with the help of advocates. from both parties to facilitate the matter.

On March 29, the National Company Law Appellate Tribunal (NCLAT) had given a mixed verdict on Google’s alleged anti-competitive practices in the case — upholding the Rs 1,338 crore fine but striking down conditions such as allowing third-party app stores to host its play store. While upholding the fine imposed by the CCI for exploiting its dominant position in Android, the NCLAT had set aside the antitrust regulator’s order that Google does not restrict users from uninstalling its pre-installed apps.

Both Google and CCI approached the Supreme Court against the NCLAT verdict. On July 7, the Supreme Court had heard the appeals and adjourned the hearing till July 14 after taking note of the observations that senior advocate Salve was not available.

Earlier, the NCLAT in its 189-page order upheld the CCI’s six directives, including one asking Google to allow users to choose their default search engine during the initial setup of the device and another making it clear that OEMs cannot be forced. to pre-install a bunch of apps. The appellate court asked Google to implement the instruction and deposit the amount within 30 days.

The appeals court said that “the Commission’s impugned order remains in effect except for the four directions” and added that Google is “therefore entitled to no relief other than the reversal of the foregoing four directions.” “The appellant (Google) is entitled to deposit the penalty amount (after adjusting the penalty amount of 10 per cent as per order dated January 4, 2023) within 30 days from today,” it said.

On October 20 last year, the CCI fined Google Rs 1,337.76 crore for anti-competitive practices involving Android mobile devices. The regulator also ordered the internet company to cease and desist from various inappropriate business practices.