The Competition Commission of India (CCI) has given a nod to the Rs 20.24-crore settlement proposal of Google in the Android Smart TV case. Apart from the settlement amount, Google will provide a standalone licence for the Play Store and Play Services for Android smart TVs in India, thereby removing the requirement to bundle services or impose default placement conditions.
It will also waive off the need for a valid Android Compatibility Commitments (ACC) for devices shipped into India that do not include Google apps. OEMs can now sell and develop incompatible Android devices without violating Google’s agreement.
The case is related to allegations that Google misused its dominant position by enforcing restrictive agreements on OEMs, including compulsory bundling of the Play Store with Android TV OS and preventing the use or creation of rival forked Android versions through its anti-fragmentation agreements.
A complaint in this regard was filed against Google LLC, Google India Private Limited, Xiaomi Technology India Private Limited and TCL India Holding Private Limited.
The gist of the allegation was that Google misused its dominant position by enforcing restrictive agreements on OEMs, including compulsory bundling of the Play Store with Android TV OS and preventing the use or creation of rival forked Android versions through its Anti-Fragmentation Agreements. These practices allegedly blocked market access, curbed competition, and placed unrelated obligations on Original Equipment Manufacturers (OEMs), ultimately stifling innovation and violating provisions of Section 4 of the Act. The Commission formed a prima facie view that Google has contravened various anti-trust provisions and ordered an investigation into the matter.
The investigation concluded that Android Smart TV OS has a dominant position in the relevant market of ‘licensable Smart TV device operating system in India’ and Google Play Store is in a dominant position in the ‘Market for App Store for Android Smart TV OS in India’.
It found that Google's agreements—Television App Distribution Agreement (TADA) and Android Compatibility Commitments (ACC)—executed together, imposed unfair terms by requiring the pre-installation of its full app bundle Google TV Services, preventing OEMs from developing or using Android forks, and hindering innovation.
These agreements extended across entire device portfolios and included the tying of services like YouTube with the Play Store, strengthening Google's market dominance and breaching several provisions of Section 4 of the Act.