Supreme Court Sets Date for Google and CCI Case on Android Mobile Device Issue
- ByStartupStory | July 14, 2023
The Supreme Court has scheduled a hearing on October 10 for the cross-pleas filed by Google and the Competition Commission of India (CCI) in a case concerning Google’s alleged anti-competitive practices in the Android mobile device case. The bench, consisting of Chief Justice DY Chandrachud and Justices PS Narasimha and Manoj Misra, has taken up the appeals and requested time to prepare for the case. Senior advocate Harish Salve, representing one of the parties, suggested that the plea be kept for final disposal at a later date. The bench agreed to list the cross-pleas for final disposal on October 10, with the completion of pleadings by October 7. Lawyer Sameer Bansal has been appointed as the nodal counsel to assist in the preparation of common digital pleadings for the efficient adjudication of the matter.
Previously, on March 29, the National Company Law Appellate Tribunal (NCLAT) issued a mixed verdict on Google’s alleged anti-competitive practices. The NCLAT upheld a fine of Rs 1,338 crore imposed by the CCI for exploiting its dominant position in Android but overturned certain conditions, including the requirement to allow hosting of third-party app stores on Google Play Store.
Both Google and the CCI appealed against the NCLAT judgment, leading to the current proceedings in the Supreme Court. On July 7, the top court took note of senior advocate Salve’s unavailability and adjourned the hearing to July 14. The NCLAT’s order had upheld six directions by the CCI, including allowing users to choose their default search engine during initial device setup and stating that original equipment manufacturers (OEMs) cannot be compelled to pre-install a set of apps. The appellate tribunal instructed Google to comply with the directions and deposit the penalty amount within 30 days.
In October last year, the CCI imposed a penalty of Rs 1,337.76 crore on Google for anti-competitive practices related to Android mobile devices and ordered the company to cease and desist from unfair business practices. This ruling was challenged before the NCLAT, which acts as an appellate authority over CCI orders.
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