Supreme Court to hear Google plea against NCLAT order on Wednesday
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New Delhi: The Supreme Court said that it will hear Google's plea against an order of the National Company Law Appellate Tribunal (NCLAT) on January 18, Wednesday.
A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and J B Pardiwala asked the US firm's advocate A M Singhvi to clarify if Google India practices the same regime in India as it has in Europe. "Please reflect on this and come back. We will hear this case on Wednesday."
The senior lawyer has been mentioning that the matter needs an urgent hearing. He argued that the Competition Commission of India (CCI) had passed extraordinary directions and demanded that it be compiled by January 19.
NCLAT had refused an interim stay on the competition regulator imposing Rs. 1,337 crore penalty on the US tech giant. It on January 4 also asked Google to deposit 10% of the amount. The tech major also alleged that NCLAT has acted "unlawfully" in doing so. The CCI fined Google for abusing the dominant position of its Android smartphone operating system in the country.
The CCI in October 2022 asked Google to allow smartphone users on the Android platform to uninstall apps and let them select a search engine of their choice. The order was to become effective from January 19.
Google licences its Android system to smartphone makers but many criticise that it comes with restrictions like mandatory pre-installation of its own apps. Some call the method "anti-competitive." Google insists that the NCLAT has "erroneously rejected" its request for relief "based on the Commission's deeply flawed order." The MNC also argues that the new antitrust order will increase the cost for app developers, equipment makers, and consumers. The remedial measures may also lead to a security threat caused by an increase in unchecked apps.
Google in its plea said that the CCI order demands that the company modify its existing contracts, introduce new licence agreements, and alter its business model and commercial arrangements with thousands of device manufacturers and app developers.