Google’s ongoing legal battle in India over its alleged anti-competitive practices in the Android mobile device ecosystem came up before the Supreme Court on Thursday, September 19. Senior advocate Harish Salve, representing Google, indicated that the hearing could extend over five to six days. However, the case was unlikely to be heard immediately, as other pending matters occupied the court’s schedule. The case was listed before a bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra.
The controversy stems from an October 2022 ruling by the Competition Commission of India (CCI), which found Google guilty of abusing its dominant market position in the Android mobile operating system. The CCI imposed a hefty fine of Rs 1,337.76 crore on the tech giant. It also mandated several corrective measures, including offering users a choice to select their preferred default search engine during device setup and prohibiting Google from forcing handset manufacturers to pre-install specific apps. Additionally, the CCI directed Google to allow sideloaded apps, third-party app stores in the Play Store, and the sharing of APIs with developers.
In response, Google appealed the CCI’s ruling to the National Company Law Appellate Tribunal (NCLAT), which in March 2023 issued a mixed verdict. While NCLAT upheld the Rs 1,337.76 crore fine, it did relieve Google from complying with four of the CCI’s directives. NCLAT also ordered Google to deposit the fine within 30 days. Both Google and the CCI then approached the Supreme Court, challenging different aspects of the NCLAT’s judgment.
The case, now awaiting a full hearing, is seen as a significant legal battle over the balance of power in the Android ecosystem and the broader issue of anti-competitive practices by global tech giants. The Supreme Court had earlier indicated that it would hear the cross-pleas in the second week of September 2024. If Google’s appeal is unsuccessful, the outcome could have far-reaching consequences for its business practices in India and potentially globally.
