In March this year, the NCLAT upheld the CCI’s penalty, which has been challenged by Google before the Supreme Court in an appeal.
In January 2024, the Supreme Court of India is scheduled to commence hearings on Google’s appeal against a ₹1,337.76 crore fine. The penalty pertains to allegations of Google exploiting its dominant position across various markets for Android mobile devices.
This appeal was filed following the National Company Law Appellate Tribunal’s (NCLAT) affirmation of the Competition Commission of India’s (CCI) decision in this matter.
A panel consisting of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra announced today that the case will be heard during the last week of January 2024. Chief Justice Chandrachud remarked, “I will ensure that no other cases are listed during that time to expedite the matter in just a couple of days.”
Before entertaining Google’s plea for relief from the CCI’s ruling, the NCLAT had directed the tech giant to deposit 10% of the ₹1,337.76 crore fine imposed by the CCI. In March, the NCLAT upheld the CCI’s fine against Google. However, the NCLAT did overturn four significant directives issued by the CCI, marking a substantial victory for the technology company.
The CCI had imposed the fine in October of the previous year. Along with the monetary penalty, the CCI had also ordered Google to cease anti-competitive practices and make behavioral adjustments within a specified timeframe. In a statement released by the CCI, it was stated, “The Commission has imposed a monetary penalty and issued a cease-and-desist order against Google for engaging in anti-competitive practices that violate the provisions of Section 4 of the Act.”
Previously, the Supreme Court had declined to grant Google interim relief while the matter was pending before the NCLAT. The Supreme Court had expressed, “We refrain from discussing the merits of the case because an appeal has been filed with the NCLAT. At the interlocutory stage, it cannot be argued that the CCI lacks jurisdiction or made a manifest error in its findings. While we are not interfering with the NCLAT’s order, we request that the appeal be resolved by March 31, 2023.” Following the NCLAT’s affirmation of the CCI’s penalty, Google subsequently challenged the decision in its appeal to the Supreme Court.
