NCLAT directs Google to compensate 10% of Rs. 1,337.76 Cr to CCI
- ByStartupStory | January 4, 2023
The National Company Law Appellate Tribunal (NCLAT) ordered Google to pay 10% of the Rs 1,337.76 crore as per fine imposed by the Competition Commission of India (CCI). The CCI fined Google in October 2022 for abusing its dominant position in the Android mobile device ecosystem.
Meanwhile, Google had challenged the fine and filed an appeal with the NCLAT.According to a report in Bar and Bench, a bench of Justice Rakesh Kumar and Dr Alok Srivastava declined to issue an interim order and stated that the petition for interim relief and stay on the order will be heard on February 13.
The NCLAT said, “The appellant is directed to deposit 10 per cent of the fine amount with the Registrar NCLAT as interim measure. Court to hear the application for interim relief and stay on the CCI order on February 13.”
“The Commission failed to conduct an impartial, balanced, and legally sound investigation. Google’s mobile app distribution practices are pro-competitive and not unfair/ exclusionary,” it said.
Meanwhile, Google informed the tribunal that CCI copied parts of a European ruling and requested that the decision be reversed. In its filing, Google argued the CCI’s investigation unit “copy-pasted extensively from a European Commission decision, deploying evidence from Europe that was not examined in India”. This was also argued before the tribunal by its counsel, Abhishek Manu Singhvi. According to him, the CCI’s decision will force the company to change its business model, which will harm consumer interests. The tech giant alleged that there were more than 50 instances of copy-pasting, some even “word-for-word”.
Google also said in a statement that it decided to appeal the CCI’s decision as it believes “it presents a major setback for our Indian users and businesses”.
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