Delhi HC judge Pratibha Singh recuses herself from Google Playstore case

Another judge to hear the matter on April 18; case is about Playstore policy requiring all app developers to only use Google Play's billing system to charge customers

Justice Pratibha M Singh on Wednesday recused herself from hearing the petition filed by the Alliance of Digital India Foundation (ADIF) in the Delhi High Court against CCI and Google in the Google Play Store case.

The matter will now be heard by another judge on April 18.

A group of digital startups, represented by ADIF, moved court on Monday to suspend Google's new in-app billing fee system, called the User Choice Billing system (UCB) until the Competition Commission of India (CCI) investigates the tech giant for alleged non-compliance of its October 2020 directives. ADIF alleged despite the market regulator’s directive, which required the tech giant to allow the use of third-party billing services for in-app payments, the UCB system still charges a high service fee.

The startups have also requested the court to "keep the implementation of Google's UCB in abeyance" until the CCI hears the complaint. The decision to move the court holds significance as Google is looking to implement its UCB policy from April 26.

The National Company Law Appellate Tribunal (NCLAT) on January 12 refused to stay the second Competition Commission of India (CCI) order imposing a penalty of Rs 936.44 crore on Google for abusing its dominant position through its Playstore policies.

The case pertains to a Google Playstore policy that requires all app developers to only use Google Play’s billing system (GPBS) to charge customers. GPBS was not only used for receiving payments from apps but also for in-app purchases.

After Google started charging a 30 per cent commission in 2020 for Playstore transactions, some app developers filed a complaint with the CCI, prompting the action. The Appellate Tribunal is likely to hear the matter on April 17

The startups, represented by ADIF, have urged the Delhi High Court to grant them relief by staying the implementation of the UCB system until the CCI completes its probe.