Google Appeals to Supreme Court Against NCLAT Order on Antitrust Penalty

Tech giant Google has taken its appeal to the Supreme Court, requesting the annulment of antitrust directives levied against it for alleged abuse of the Android market. According to a report, the Competition Commission of India (CCI) previously declared in October that Google, whose Android mobile operating system dominates 97% of the Indian smartphone market with 600 million users, had exploited its dominant position. Consequently, the CCI mandated the removal of restrictions imposed on device manufacturers, particularly those related to pre-installed apps, and imposed a $163 million fine on the US-based company, which it duly paid.

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In March, the National Company Law Appellate Tribunal (NCLAT) partially alleviated the concerns for Alphabet Inc’s unit, Google, by overturning four of the ten directives issued in the case. While upholding the CCI’s findings of anti-competitive conduct, the tribunal provided some respite by annulling certain directives that necessitated changes to Google’s business model. Presently, Google is urging the Supreme Court to nullify the remaining directives, as stated by a source quoted by Reuters. Furthermore, Google’s submission on Monday contends that it has not engaged in market abuse and should not be held liable for the penalty. In confirmation of the court filing, Google issued a statement expressing its anticipation of presenting its case and highlighting the benefits that Android provides for users and developers.

Notably, Google’s challenge to the Supreme Court has not been previously reported. Conversely, the CCI has also approached the Supreme Court, seeking a reversal of the NCLAT’s decision to grant partial relief to Google. This development is of particular concern to Google as the directives issued by the CCI were perceived to be more extensive than those imposed by the European Commission in its landmark 2018 ruling against the Android operating system. In response to the directive, Google has already implemented substantial modifications to Android in India in recent months, including permitting device manufacturers to license individual apps for pre-installation.