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Google has filed a petition with the Supreme Court contesting a decision by the National Company Law Appellate Tribunal (NCLAT), which supported the Competition Commission of India’s (CCI) conclusion that the tech giant misused its dominant position within the Android ecosystem. The CCI had found that Google enforced restrictive policies on its Play Store and gave preferential treatment to its own payments platform, Google Pay.
The appeal was filed on July 21.
The matter originated from an inquiry initiated by the Competition Commission of India (CCI) in November 2020, focusing on Google’s billing methods within the Play Store. In October 2022, the Competition Commission of India determined that Google had exploited its market dominance by requiring developers to use its Google Play Billing System (GPBS) for in-app transactions and purchases. A fine was imposed on Google in this regard.
However, NCLAT later significantly reduced the penalty imposed on Google by the Competition Commission of India (CCI). The fine, originally set at ?936.44 crore, has been lowered by approximately 76% to ?216.69 crore.
The CCI had levied the original penalty in October 2022, accusing Google of abusing its dominant position concerning Play Store policies. Specifically, the CCI found that Google mandated app developers to exclusively use Google's Play Billing System (GPBS) for app purchases and in-app transactions, thereby restricting developers from utilizing third-party payment services. This practice was deemed anti-competitive, limiting innovation and denying market access to alternative payment processors.
Upon appeal, the NCLAT concurred with the CCI's findings regarding Google's abuse of dominance but adjusted the penalty amount. The tribunal directed Google to pay the revised fine within 30 days, acknowledging that the company had already deposited 10% of the original penalty during the appeal process.
Beyond the financial penalty, the NCLAT issued directives aimed at fostering a more competitive environment within the app ecosystem. The tribunal mandated that Google must allow app developers to use third-party billing services and refrain from imposing anti-steering provisions that prevent developers from promoting alternative payment options to users. Additionally, Google was instructed not to discriminate against other apps facilitating payments through the Unified Payments Interface (UPI) in India, ensuring a level playing field for all payment service providers
However, the NCLAT overruled some of the CCI's more stringent behavioral remedies. These included directives
that would have prohibited third-party app stores within the Play Store, mandated the uninstallation of preinstalled apps, and restricted the downloading of apps outside official channels.
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