Google v CCI: Supreme Court Asks Whether Company Will Introduce EU Regime For Pre-Installed Apps In India

The Supreme Court on Monday asked tech giant Google whether it would introduce the same regime in India as it does in Europe when it comes to pre-installed apps in Android-based mobile phones. A bench consisting of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala released the case for hearing on January 18.

The Supreme Court’s inquiry came after India’s Additional Solicitor General N Venkataraman, representing the ICC, told the Supreme Court that Google adopted different standards in Europe and India and that the search engine company research had complied with a similar order adopted by the European Commission.

ASG told the bench: “We are going to show shocking data. Their grievance that they cannot comply with the order within 90 days does not stand as they fully comply with the order passed in 2016 in the European Union. 4 billion euros entirely paid for by them. All these guidelines have been fully respected in Europe for the past five years. A permanent commission is now looking into them. This will now be part of the digital law. The European Union has them already seen as dominant.. We are a third world country.

ASG asked how they could distinguish between Indian consumers and European consumers.

Lead Attorney Abhishek Manu Singhvi appearing for Google India rebutted the ICC claim and said that the ICC misrepresented the facts and compliance in Europe was about MADA unbundling.

The CJI then published the case on Wednesday and asked Singhvi, “Will Google apply the same regime in place in India that you have in Europe? Please think about that and come back.”

The Supreme Court was hearing an appeal by Google India against a decision by the National Company Law Appeal Tribunal (NCLAT), which refused to stay a fine of Rs 1,337.76 crore imposed on the tech giant by the Competition Commission of India. India (ICC) for allegations of anti – competitive practices.

After facing a setback at the NCLAT, which refused to stay an ICC order for abuse of dominance in multiple markets in the Android mobile device ecosystem case, Google went to the Supreme Court.

Google challenged the January 4 order of the NCLAT which refused to stay the ICC order on the grounds that the ICC order was adopted in October 2022, while Google’s appeal was not filed only in December 2022 and, therefore, no case for interim measures has been established. .

Since no urgency was demonstrated in the filing of the appeal, Google could not be allowed to require interim relief, the court said.

NCLAT also ordered Google to deposit 10% of the rupees. 1337.76 crores fine within three weeks.

The ICC had, in October 2022, imposed the sanction on Google for having abused its dominant position in several markets of the Android mobile device ecosystem and had also ordered Google to cease and desist from participating in anti-competitive practices .

Google has challenged the ICC order with the NCLAT, which is an appeal authority on the ICC against any guidance issued by the regulator.

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