NEW DELHI: In a setback to Google, the Supreme Court on Friday declined a plea by the tech giant to modify its 19 January 2023 order, in which it refused to give any relief against an NCLAT order asking it to pay 10% of the penalty imposed by the anti-trust regulator.
A bench headed by Chief Justice DY Chandrachud said no further explanation is necessary. “Go present your appeal before the National Company Law Appellate Tribunal ,” said CJI. Following the SC or der, now the entire Android matter will be heard by the NCLAT from February 15 to 17, 2023. The company on January 25 filed a modification application in the apex court seeking “modification” of the apex court’s judgement in the Android case. Google, in its plea, stated the January 19 ruling didn’t record the entire extent of Google’s offer.
The company filed a plea in the Supreme Court after the NCLAT refused to stay a CCI order levying a penalty of Rs 1,338 crore for exploiting its dominant position with respect to Android. The order passed by the NCLAT on January 6 refused to stay the CCI’s order and directed it to deposit 10% of the penalty amount within a period of three weeks.
However, on January 25, Google informed CCI that it would comply with its directives. The company changed its android policy for Indian users which includes allowing original equipment manufacturers (OEMs) to li¬cense individual Google apps for pre-¬installation on their devices. Indian users will now have the option to choose their default search engine. User choice billing will be available to all apps and games starting next month.
In October 2022, the competition regulator penalised Rs 2,200 crore on the company for anti-competitive practices. It was fined Rs 1,337.76-crore for exploiting its dominant position with respect to Android and another `936-crore in a case related to its Play Store policies.
NCLAT refused to stay CCI order on Rs 1.3K cr penalty
The company filed a plea in the Supreme Court after the NCLAT refused to stay a CCI order levying a penalty of Rs 1,338 crore for exploiting its dominant position with respect to Android. The order passed by the NCLAT on January 6 refused to stay the CCI’s order and directed it to deposit 10% of the penalty amount within a period of three weeks