Justice Prathiba Singh recuses from Google user choice billing case hearing

Justice Prathiba Singh of the Delhi High Court recused herself from hearing a plea by the Alliance of Digital India Foundation (ADIF) against the Competition Commission of India (CCI) to investigate Google’s user choice billing system on an urgent basis.

Justice Singh recused herself after being informed that the plea had some connection with Google’s appeal in the National Company Law Appellate Tribunal (NCLAT) against CCI orders imposing penalties for abuse of dominance in Android and Play Store ecosystems.

Justice Singh’s husband, senior advocate Maninder Singh, appeared for Google in the NCLAT against CCI in the Android abuse case. ADIF’s case will now be heard on April 18 by another judge in the Delhi High Court.

ADIF, a think tank, filed the case seeking directions to CCI to consider its case for interim relief as Google has not complied with CCI’s October 25 order in the Google Play Store policies case.

ADIF has also urged CCI to stay Google’s new billing policy until CCI has considered its case. Under the new policy, if a user pays through the alternative billing system (also termed as User Choice billing system), the transaction will still be subjected to a service fee, but at a 4 percent rate reduction.

This effectively means that developers will have to pay a service fee to Google ranging from 6-26 percent for in-app purchases and subscriptions, depending on the type of app/service and the annual revenue it generates on Google Play, as compared to the regular 10-30 percent service fee.

Google paused the enforcement of its in-app billing policy in India in November 2022, following CCI’s antitrust order on Play billing.

The policy has already been made mandatory for in-app digital content purchases for users outside of India. In October 2022, CCI directed Google not to restrict app developers from using any third-party billing or payment processing services to purchase apps or for in-app billing on Google Play besides a range of corrective measures to modify the company’s app payment policies.

It also fined Google Rs. 936.44 crore for abusing its dominant position with regard to its Play Store policies. Moneycontrol