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      Supreme Court Asks Whether Google Will Institute European Regime for Pre-Installed Apps in India

      Supreme Court ask Google whether it will put in place the same regime in India as it has in Europe with respect to the pre-install apps in Android-based mobile phones. A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala post the matter for hearing on 18th January 2023.

      The inquiry of the Supreme Court came after Additional Solicitor General of India N Venkataraman, appearing for CCI, told the Supreme Court that Google was taking different standards in Europe and India and the search engine company had complied with a similar order pass by European Commission.

      ASG told the bench :

      “We are going to show some shocking data. Their grievance that they are unable to comply with the order within 90 days doesn’t stand because they’re fully complying with the order pass in 2016 in the European Union. Euro 4 billion fully paid by them. All these directions have totally complied within Europe for the past five years. A standing committee is now going into this. This will now be part of digital law. European Union has already held them to be dominant. We are a third-world country.”

      ASG ask how they can discriminate between Indian consumers and European consumers.

      Senior advocate Abhishek Manu Singhvi appearing for Google India refuted the claim of CCI and said the CCI had misrepresent the facts and that compliance in Europe was pertaining to MADA unbundling.

      The CJI then post the matter and ask Abhishek Manu Singhvi :

      “Will Google practice the same regime in place in India as you have in Europe? Please reflect on this and come back.”

      Supreme Court was hearing an appeal of Google India against a ruling of the National Company Law Appellate Tribunal (NCLAT), which refuse to stay a Rs 1,337.76 crore penalty impose on the Google by the Competition Commission of India (CCI) for alleged anti-competitive practices.

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      After facing a setback at NCLAT, which refuse to stay a CCI order on abuse of dominant position in multiple markets in the Android mobile device ecosystem case, Google approach the Supreme Court.

      Google has challenge the 4th January 2023 order of the NCLAT which refuse to stay the CCI order reasoning that the CCI’s order was pass in October 2022, while the appeal by Google was file only in December 2022 and hence, no case for interim relief was made out.

      Since no urgency was shown in filing the appeal, Google could not be allow to insist on interim relief, the Tribunal has said.

      NCLAT has also direct Google to deposit 10% of the Rs. 1337.76 crore fine amount within three weeks.

      The CCI had, in October 2022, impose the penalty on Google for abusing its dominant position in multiple markets in the Android mobile device ecosystem and also direct Google to cease and desist from participating in anti-competitive practices.

      Google challenge the CCI order in the NCLAT, which is an appellate authority over the CCI against any direction issue by the regulator.

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