PlayStore billing policy: Google appeals NCLAT order in Supreme Court

Almost three years after the Competition Commission of India (CCI) held that Google leveraged its dominance in the Android ecosystem, and the National Company Law Appellate Tribunal (NCLAT) partially upheld the order later, the matter has now reached the Supreme Court with the US technology giant challenging the appellate tribunal's ruling.

 

Google approached the Supreme Court on July 21.

 

On March 28 this year, NCLAT partially upheld the CCI ruling against Google for misuse of its dominant position by imposing unfair Play Store policies and promoting its own payments app.

 

In its ruling, while upholding CCI’s order, the appellate tribunal had, however, cut down the CCI penalty levied on Google to ₹216 crore from ₹936.44 crore. 

 

The appellate tribunal had said that Google shall allow, and not restrict app developers from using any third party billing services; shall not impose any anti-steering provisions on app developers or restrict them from communicating with their users to promote their apps; and shall not discriminate against other apps facilitating payment through Unified Payments Interface (UPI) in India vis-à-vis its own UPI app, in any manner.

 

The NCLAT, however, overruled several of the more stringent behavioural remedies imposed on Google by the CCI. The CCI had, in its ruling, asked Google to allow third-party app stores within the Play Store, uninstallation of pre-installed apps, and side-loading of apps.

 

In May this year, NCLAT reinstated two CCI directions that obligated Google to disclose data policies and remove advantages for Google Play Billing System (GPBS). In the petition moved now in the apex court, Google has challenged the changes approved by the NCLAT in May.