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NCLAT to hear Google’s appeal against CCI order on Wednesday

The National Company Law Appellate Tribunal (NCLAT) will hear on Wednesday Google’s appeal against the Competition Commission of India’s (CCI) order in the Android mobile ecosystem matter.

Abhishek Manu Singhvi, Counsel for Google on Tuesday made a mention of Google’s appeal before NCLAT President and the Appellate Tribunal’s Competition Bench will hear the matter on Wednesday.

It maybe recalled that the competition watchdog had on October 20 levied a fine of ₹ 1,336.7 crore on Google in the Android mobile ecosystem matter besides issuing series of non-monetary sanctions for indulging in anti-competitive conduct.

Google has appealed against this CCI ruling and sought an immediate and complete stay on the order.

In its appeal, Google cited Startups testimonials raising ‘concerns’ over CCI ruling.

Google has challenged the findings of CCI as “patently erroneous” and ignoring “the reality of competition in India, Google’s procompetitive business model, and the benefits created for all stakeholders”.

CCI order has been described as “fraught with substantive, analytical, and procedural errors including inter alia ignoring exculpatory evidence, statements from Indian OEMs and developers”.

Interestingly, Google has accused the investigation arm of CCI i.e. the Office of the Director General (DG) of copy-pasting the conclusions from decisions of foreign authorities without any application of mind.

Google Play policy
Separately on October 25 last year, CCI had pulled up Google for abusing its dominant position as regards its Google Play policy and imposed a penalty of ₹ 937 crore on the global tech giant.

The Competition law provides sixty day window for appeal before NCLAT against any order of the Competition watchdog.

Despite expiry of sixty days period allowed for appeal in the Android mobile ecosystem case, Google had neither deposited the penalty within 60 days as directed by CCI nor has it been able to obtain any stay on the orders issued by CCI, and thereby rendered itself liable to be prosecuted for non-compliance of the directives of competition watchdog. CCI had, therefore, initiated recovery measures on the 61st day. The Hindu BusinessLine

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