In a significant development in the Google antitrust case, the tech giant has filed an appeal in the Supreme Court (SC) challenging the National Company Law Appellate Tribunal’s (NCLAT) ruling that upheld the INR 1,338 crore penalty against the company.
Google stated that the tribunal overlooked various aspects of the Competition Commission of India’s (CCI) ruling, particularly in proving harm related to anti-competitive behavior.
“We filed an appeal in the Supreme Court regarding the NCLAT’s decision in the Android case. The NCLAT correctly found that harm for anti-competitive behavior needs to be proven but did not apply this requirement to several of the CCI’s directions that it upheld. We look forward to presenting our case before the Supreme Court and demonstrating how Android has benefited Indian users, developers, and OEMs, and powered India’s digital transformation,” stated a Google spokesperson.
This move comes after the NCLAT partially upheld CCI’s directives in March and found Google guilty of abusing its dominance in the Android ecosystem, supporting the INR 1,338 crore penalty imposed by the competition watchdog last year.
It is worth noting that the CCI has also challenged the NCLAT’s order in the Apex Court.
The NCLAT ruled that Google imposed unfair conditions on original equipment manufacturers (OEMs) by requiring them to pre-install the tech giant’s suite of mobile apps. The NCLAT also expressed concerns about Google’s Anti-Fragmentation Agreement (AFA), which reduced the OEMs’ incentive to develop their own version of the Android operating system (OS).
The dispute revolves around the INR 1,338 crore penalty imposed by the CCI on Google in October last year for abusing its market dominance. Additionally, the competition watchdog directed Google to make sweeping changes to its operations in India.
Both sides have been engaged in legal battles across multiple courts and have appealed several rulings, mostly favoring the CCI.
The ruling comes shortly after Google’s CEO Sundar Pichai met with Prime Minister Narendra Modi during the latter’s US visit. Despite facing regulatory challenges in the country, Pichai announced that Google would establish its global fintech operation center in Gujarat’s GIFT City.
Despite the challenges, India remains an attractive opportunity for Google. According to government estimates, the domestic digital economy is projected to reach $1 trillion by 2025.
