Google argued in a filing on Monday (June 26) that it has not abused its market position and should not be liable to pay a penalty, the publication cited the source as saying.
What is the case
In October last year, the Competition Commission of India (CCI) said that Google exploited its dominant position in the Android mobile operating system (OS) in India.
It asked the company not to make it mandatory to pre-install its Google Mobile Suite (GMS) on their phones and place them prominently. The GMS include apps such as Search, Maps, Chrome, YouTube and Google Play store, among others.
The CCI also fined Google Rs 1,337 crore on Google for abusing its dominant position.
‘Partial relief’ for Google
Following Google’s appeal to the National Company Law Appellate Tribunal (NCLAT) in March, the tribunal provided a partial relief to the company by setting aside four of the 10 directives in the case. In May, the company reportedly paid the fine.
Google is now asking the apex court to quash the remainder of the directives, a source with direct knowledge was cited as saying. The six directions that were upheld are:
– Google can’t force OEMs to pre-install an entire suite of apps
– Google can’t position its apps in a certain way
– Licence the Play Store to OEMs linked to pre-installation of Chrome, Search, Maps, Youtube, or any other app
– Pay OEMs to maintain exclusivity of its search services
– Google can’t ask OEMs not to sell smart devices based on Android forks.
– Google must allow users to choose their default search engine
The company also said that it was looking forward to presenting its case and demonstrating how Android benefited users and developers. The Android mobile operating system powers 97% of 600 million smartphones in India, Reuters noted.
Reportedly, the CCI has also approached the Supreme Court, seeking to reverse the tribunal’s decision. It is noteworthy that Google has made changes to Android OS rules in India following the directive.
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