The Supreme Court has announced that it will hear the cross-pleas of Google and the Competition Commission of India (CCI) on October 10. These pleas challenge the verdict of an appellate tribunal in a case pertaining to Google’s alleged anti-competitive practices in the android mobile device market. The bench, consisting of Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra, has requested some time to prepare for the case.
During the hearing, senior advocate Harish Salve, representing one of the parties, suggested keeping the plea for final disposal at a later date. However, the bench decided to allow the cross-pleas to be listed for final disposal on October 10, with a deadline of October 7 for the completion of filing pleadings. To facilitate the adjudication process, lawyer Sameer Bansal has been appointed as the nodal counsel for preparing common digital pleadings with the assistance of lawyers from both sides.
In March, the National Company Law Appellate Tribunal (NCLAT) delivered a mixed verdict on Google’s alleged anti-competitive practices in the android mobile device case. While upholding the fine imposed by the CCI, the NCLAT invalidated certain conditions, such as the requirement for Google to allow hosting of third-party app stores on its play store.
Both Google and the CCI have appealed against the NCLAT judgment and brought the case to the Supreme Court. The hearing, initially scheduled for July 7, was postponed to July 14 due to the unavailability of senior advocate Salve.
Previously, the NCLAT upheld six directions issued by the CCI, including allowing users to choose their default search engine during device setup and prohibiting OEMs from being compelled to pre-install a set of apps. Google was ordered to implement these directions and make the required payment within 30 days.
On October 20 of last year, the CCI imposed a penalty of Rs. 1,337.76 crore on Google for its anti-competitive practices related to Android mobile devices. Additionally, the regulator instructed Google to cease and desist from engaging in various unfair business practices.
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