CCI Tells Supreme Court: Google’s Actions Are Feudalistic, Following Different Standards For Europe & India

The Supreme Court in the case Google LLC v. Anr observed and has refused to interfere with the order of the National Company Law Appellate Tribunal which refused to stay the order of the Competition Commission of India (CCI), wherein imposing a penalty of Rs 1,338 crore on Google India for abuse of dominance in relation to Android eco-system. The bench comprising of Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the present matter. However, Senior Advocate Dr. Abhishek Manu Singhvi, appeared for Google and his arguments can be found here and Additional Solicitor General of India N Venkataraman appeared for the CCI. Before the court, it has been submitted by him that the CCI had relied upon a similar order passed by the European Commission. Therefore, in 2018, when an order has been passed by European Commission against Google, Google accepted the order, implemented the directions, and adopted all changes. It has also been submitted by the Google for not extending the same courtesy to India and similar conduct was not followed when the Indian Competition Commission gave directions against Google. It has also been submitted by ASG Venkatraman that before the court data which showed marketplace dominance of Google. He also stated that such dominance and its abuse had been resulted in a “status-quo bias”. Further, it is submitted which being contrary to what Dr Singhvi had submitted for Google, Mobile Application Distribution Agreement (MADA) was not free, voluntary, and nonexclusive. He stated that the commercial reality was quite different. In the said case the OEM is not obligated to pre download Google apps, lack of these apps reduces the marketability of the devices. Most of us are expecting users in its devices. For having the apps, OEM must be signing a MADA and agree for pre-downloading the apps. They are having no meaningful choice but to sign MADA. Thus, the Google Play services, which are very important for OEMs, cannot be downloaded by users independently. Adding to it, it has been stated by ASG that the preinstallation of such apps created a behavioural bias and was used for marketing by Google. He stated that all these findings have resulted in a statutory infraction. Further, it has been submitted by Senior Advocate Mukul Rohatgi, appearing for an intervenor that it is mandatory pre installation of apps reduces incentive to download anything else. They compiled the same things in 2018 with they complied with the same things in EU which they haven’t complied with in 5 years here. Thus, there being no such reason to treat this country and the laws of this country as a third world.

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