SC stays Textbook Edu's plea against Google in billing policy case

The Supreme Court stays a Madras High Court ruling that had dismissed Google's plea in the case concerning Textbook Edu's challenge to Google's user choice billing policy

The Supreme Court on Monday stayed a Madras High Court order that had dismissed Google India's plea against Textbook Edu Solutions. A bench of Justices JB Pardiwala and R Mahadevan was hearing Google's appeal against the Madras High Court order of June 11.

 

The High Court had dismissed Google's request to reject a plea by Textbook Edu Solutions challenging Google’s new user choice billing policy. The policy required all app developers to use its Google Play Billing System (GPBS) for all transactions, including paid app downloads and in-app purchases. The developers claimed they were charged a commission ranging between 13% and 15%. 

 

Although the High Court had dismissed 13 similar suits moved against Google in the past, it refused to reject Textbook Edu's plea, stating that it did not concern Google’s superior bargaining position but rather the bilateral contracts between the parties.

 

The High Court had also rejected Google's argument that the issue should be addressed by the Competition Commission of India (CCI).

 

“...in the present suit, the plaintiff has only requested relief in relation to the specific bilateral contracts between the parties. Such in personam disputes cannot be adjudicated by the CCI,” the court said.