Google-CCI Case: Android Contributed Greatly To Growth Of Mobile Industry, Google Tells NCLAT

NCLAT is hearing Google’s plea against the order of the CCI in which the anti-trust regulator ruled that Google is abusing its dominant position in multiple markets in the Android device ecosystem

CCI in its order dated October 20, 2022, had also imposed a penalty of Rs 1,337 crore on Google.

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Google has told the National Company Law Appellate Tribunal (NCLAT) that its Android operating system has contributed greatly to the growth of the mobile industry and competition in India. During the hearing of the company’s appeal against the order of the Competition Commission of India (CCI), Google’s counsel said that Android has been an exceptional success story, the media has reported.

A bench comprising NCLAT chairperson Ashok Bhushan and member (technical) Alok Srivastava is hearing Google’s plea against the order of the CCI in which the anti-trust regulator ruled that Google is abusing its dominant position in multiple markets in the Android mobile device ecosystem. CCI had issued a cease-and-desist order against Google for indulging in anti-competitive practices. CCI in its order dated October 20, 2022, had also imposed a penalty of Rs 1,337 crore. 

On Wednesday, the NCLAT began hearing tech giant Google’s appeal against the order. 

The company’s advocate told NCLAT that Google’s Android operating system, which was launched in 2007-08 has contributed greatly to the growth of the mobile industry and competition. He said Android has been an exceptional success story and adding the CCI, without any legal basis, has found fault with the ecosystem.

“Because of the pro-competitive policies of Google Android, we have a market with 1,100 OEMs globally and 15,000 models and it has led to millions of applications being developed,” he said.

Following the order by CCI in October 2022, Google filed a plea with NCLAT, which declined to give an interim stay on CCI’s order. The NCLAT had further directed Google to deposit 10 per cent of the Rs 1,337.76 crore penalty. Tech giant later approached the Supreme Court, which had also declined to stay the CCI order. 

However, the Supreme Court directed the NCLAT to complete the case hearing on Google’s appeal by March 31.