Android case: SC to decide Google-CCI appeals against NCLAT on Oct 10

NCLAT had, on March 29, upheld Rs 1,337.76 cr penalty on tech giant for misusing its dominant position in Android mobile device ecosystem; CJI-led bench asks all parties to file submissions by Oct 3

The Supreme Court on Friday said it will hear appeals by Alphabet-owned Google and the Competition Commission of India (CCI) against the National Company Law Appellate Tribunal (NCLAT) on October 10.

The NCLAT had, on March 29, upheld the penalty of Rs 1,337.76 crore on the tech giant for misusing its dominant position in the Android mobile device ecosystem.  

A bench led by Chief Justice DY Chandrachud said all the parties in the case should file their submissions by October 3.

The Competition Commission of India (CCI) filed an appeal in the Supreme Court on June 5. Google also challenged the NCLAT decision to uphold the fine.

Though the NCLAT upheld the fine, it set aside four directions of the competition watchdog that the tech giant was supposed to comply with. CCI is challenging the setting aside of these four directions in SC.

The Appellate Tribunal set aside the directions relating to the non-monetary directives that would have forced Google to allow uninstalling of its pre-installed apps on Android devices.

The court also set aside directives that would have forced the tech giant to allow individual app store developers to distribute their app store through the Google Play Store.

Aside from the above two directives, the tribunal set aside directives to Google to allow app developers to distribute apps through side-loading, and not deny access to its play services Application Programming Interface (APIs) to disadvantage Original Equipment Manufacturers, app developers, and its existing or potential competitors.

The NCLAT rejected Google’s plea relating to violation of natural justice principles, among others, and directed the tech giant to cease and desist from participating in anti-competitive practices and deposit the penalty amount.