NCLAT directs redaction of secret input by Google from Play Store judgment

The National Company Law Appellate Tribunal (NCLAT) has directed removal of the extracts from a confidential letter having revenue information of Google, from its last month's judgement against the internet giant on the Play Store policy.

On March 28, the appellate tribunal had upheld fair trade regulator CCI's finding that the company's app store billing policy was unfair and restrictive for developers. However, it had slashed the penalty to almost a fourth to Rs 216 crore from Rs 936.44 crore.

Alphabet Inc and Google Inc. have moved NCLAT to remove Paragraphs 97 to 100 from the 104-page order, submitting a letter dated October 6, 2022, which was a confidential document.

This confidential document was in response to revenue information given by them. This had confidential revenue data.

Even the Competition Commission of India (CCI) had maintained confidentiality. However, NCLAT, in the judgment on March 28, had quoted extracts from the confidential document in paragraphs 97 to 100.

Alphabet and Google Inc. requested that confidentiality needs to be maintained and paragraphs 97 to 100 be redacted from the judgment as well as from the website and certified copy.

An NCLAT bench comprising Chairperson Justice Ashok Bhushan and Member Barun Mitra agreed to it.

"We find substance in the submission of the applicant. Paragraphs 97 to 100 of the judgment extract part of the confidential letter dated October 6, 2022, hence to maintain confidentiality, we allow the prayers in the application," said NCLAT.

Allowing the plea of Alphabet Inc and Google Inc, the appellate tribunal directed "Paragraphs 97 to 100 be redacted from the website and certified copy of only the redacted portion of the judgment be given henceforth."  It further directed that the "redacted version of the judgment be uploaded on the website."  On March 28, the NCLAT in its finding had said Google "has abused its dominant position and has violated Sections...". However, in some sections, the violation was "not proved, but penalty was still leviable on proof of violation".

"The penalty imposed on Google is modified as per the computation contained in paragraph 105 of this order. Thus, the penalty imposed on Google for relevant turnover of last three preceding years of Rs 936.44 crores is modified to the amount of Rs 216.69 crore (USD 2,98,89,312.39)," said the NCLAT order.

As Google has already "deposited 10 per cent of the penalty in the present Appeal, rest of the amount of penalty shall be deposited by the Appellant within 30 days from today", said NCLAT.

On October 25, 2022, the CCI had slapped a penalty of Rs 936.44 crore on Google for abusing its dominant position with respect to its Play Store policies.