SC refuses to modify January order against Google in Android antitrust case

A Bench led by Chief Justice DY Chandrachud said it would not make any changes to its January 19 order. “No clarification is required. Go argue in appeal” before the National Company Law Appellate Tribunal.

Senior counsel Maninder Singh, appearing for Google, said there is a need to add/clarify the January order to the extent that it would ensure the unbundling of only Search and Chrome from Play Store and chrome from Search.

Google is “ready and willing” to comply with the directions of the CCI order to the extent that it would ensure the “unbundling of only (i) Search and Chrome from Play, and (ii) chrome from Search.”

“In terms of the decision of the European Commission dated July 18, 2018, the appellants would ensure that the search app pre-installation exclusivity on portfolio wide RSAs would not be pursued,” the tech giant said in its modification application.

It further wanted the SC to note that search offer was made on behalf of Google on a “without prejudice basis.”

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No prejudice will be caused to the CCI/respondents if its application, which is made “bonafide” and “in the interest of justice,” is allowed, Google said.The search engine firm said the SC order did not record its “offer” related to partial compliance of CCI’s directions that was made during the hearing in the Android matter.

The CCI counsel opposed any changes to be made, saying there must be no interference with the operative part.

The SC had on January 19 refused to stay the CCI’s October 20 order that asked Google to make changes to its Android ecosystem by January 19. However, the apex court had extended time by one week for Google to comply with the CCI’s order of Oct 20.

The CJI’s Bench had affirmed the CCI’s order and asked the appellate tribunal to decide the Google’s appeal expeditiously.

“We are resisting from evaluating the rival submissions… anything on merits would interfere with the proceedings before the NCLAT… CCI can not be held without jurisdiction at this stage,” the CJI stated in its order.

The NCLAT will be hearing the matter next week.

Refusing to stay the CCI’s order for “lack of urgency,” NCLAT on January 4 had asked the search engine giant to deposit 10% of Rs 1,337.76 crore penalty for alleged anti-competitive practices and had posted the matter for hearing in April.

The CCI on October 20 penalised Google for allegedly exploiting its dominant position in markets such as online search and through the Android app store.

Android powers 97% of smartphones in India, which is now the world’s second largest smartphone market after China. The CCI had also asked the internet major to cease and desist from various unfair business practices.