Google created ‘contrived urgency’ in seeking stay on Android ruling: Supreme Court

In October, the CCI imposed a penalty of Rs 1,337.76 crore on Google for abusing its position in various markets in relation to Android mobiles

Supreme Court to hear tech giant Google’s appeal against Competition Commission of India (CCI) order on Android ecosystem on January 18.

A Division Bench of the Supreme Court comprising Chief Justice of India Dhananjaya Y. Chandrachud, P S Narasimha and J.B. Pardiwala today noted that by filing an appeal on the eleventh hour before the National Company Law Appellate Tribunal (NCLAT) against the order of CCI in Android matter, Google created 'contrived urgency' in seeking stay.

N. Venkatraman, Additional Solicitor General of India representing CCI, said at the hearing before the Supreme Court that Google only filed an appeal against the CCI judgement with the NCLAT in the month of December—one day before the statute of limitations was set to expire. Moreover, he said that Google discriminates against EU and Indian customers despite having already complied with similar instructions from the EC in 2018.

Also read | Google moves SC after NCLAT refuses to stay CCI's Rs 1,338-crore penalty order

The Bench initially favoured sending the case back to NCLAT so that it could rule on Google's request for interim relief. N Venkatraman, however, raised objection, and the Bench decided to postpone decision-making until Wednesday.

Penalty on Google

In October 2022, CCI fined Google for abusing its dominating position in a number of markets within the ecosystem for Android mobile devices.

In addition to issuing a cease-and-desist order on October 25, 2022, the watchdog fined the tech giant further Rs 936.44 crore for abusing its dominant position in relation to its Play Store policy.

Also read | Google versus the antitrust watchdog: the saga so far

Both of these CCI rulings have been contested before the NCLAT, but the panel declined to impose any temporary injunctions on Google.

Furthermore, in 2018, Android users complained to the CCI that Google was violating the Competition Act of 2022 by exploiting its dominant position in the marketplaces for mobile operating systems.