NCLAT to hear Google’s appeal against CCI order on Wednesday

The National Company Law Appellate Tribunal (NCLAT) is set to hear search giant Google’s appeal against the Competition Commission of India (CCI) order, seeking a stay on the ruling over unfair business practices in the Android mobile device ecosystem, on Wednesday.

In its appeal, the company has added testimonials from some startups highlighting the concerns about the CCI order.

Sources said when Google mentioned its appeal before the NCLAT for early listing on Tuesday, OSLabs Technology (India) Private Limited and MapmyIndia also intimated the NCLAT they proposed to file impleadment applications and requested for listing of the same along with Google’s appeal as they were aggrieved by the anti- competitive actions of Google.

The source further added that NCLAT directed Google’s appeal and impleadment applications be listed for Wednesday.

Digital payments major PhonePe and Affle Global (AGPL) reached a settlement on the acquisition of OSLabs, the Singapore-based holding company of app and content discovery platform Indus OS, in July last year.

With the acquisition, PhonePe said it would pursue its stated vision of building a homegrown horizontal appstore.

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Earlier in December, a Google spokesperson told ET that the company believes the CCI decision presents a “major setback for Indian users and businesses who trust Android’s security features… potentially raising the cost of mobile devices.”
A person familiar with the matter said that at the time of filing the appeal, Google was optimistic that the NCLAT will take into account the challenge Android stakeholders will face if a stay is not granted, pending the outcome of the appeal.

In October, the competition watchdog fined Google Rs 1,337.76 crore for abusing its control over certain markets with regard to Android mobile devices. The commission also ordered the company to stop engaging in a number of unfair commercial practices.

Google’s appeal came days after CEO Sundar Pichai, who was in the country for the Google For India event in December, spoke of the need for “responsible regulation” and said India could take the lead in this sphere.

In an exclusive interview to ET, Pichai had said he was “definitely concerned” by some aspects of the rulings as they could “really set back user privacy and security,” in response to a question on CCI’s orders.

“I want to respect the legal proceedings and the Commission’s authority,” Pichai had said. “Our issue is more on the substance of making sure that Android and Play, which is a big platform and ecosystem, works well for Indian people and consumers. That’s where my concerns will be.”

(Illustration by Rahul Awasthi)

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