Tech giant Google filed before NCLAT on Friday that there had been an “unfair imposition” by competition watchdog CCI over its mobile app distribution agreement with device makers because it doesn’t restrict the installation of other apps, including those of competitors.
Tech giant Google filed before NCLAT on Friday that there had been an “unfair imposition” by competition watchdog CCI over its mobile app distribution agreement with device makers because it doesn’t restrict the installation of other apps, including those of competitors.
A two-member NCLAT bench headed by Presiding Judge Ashok Bhushan said Friday it would begin hearing the matter daily from Feb. 23, the next hearing date.
A two-member NCLAT bench headed by Presiding Judge Ashok Bhushan said Friday it would begin hearing the matter daily from Feb. 23, the next hearing date.
While Google was pleading its case before the National Company Law Appellate Tribunal (NCLAT), it said that placing its apps on devices by pre-installing them under MADA (Mobile Application Distribution Agreement) was not “unfair” as there was no restriction on installing others apps and there is enough space for them.
While Google was pleading its case before the National Company Law Appellate Tribunal (NCLAT), it said that placing its apps on devices by pre-installing them under MADA (Mobile Application Distribution Agreement) was not “unfair” as there was no restriction on installing others apps and there is enough space for them.
The Court of Appeal dealt with an appeal filed by Google against a £1,337 million fine imposed by the fair trade regulator CCI for abusing its dominant position over Android mobile devices.
The Court of Appeal dealt with an appeal filed by Google against a £1,337 million fine imposed by the fair trade regulator CCI for abusing its dominant position over Android mobile devices.
Under MADA, OEMs (Original Equipment Manufacturers) must have the Google Mobile Suite (GMS) while installing Google’s Android operating system. This cannot be uninstalled.
Under MADA, OEMs (Original Equipment Manufacturers) must have the Google Mobile Suite (GMS) while installing Google’s Android operating system. This cannot be uninstalled.
Senior Advocate Arun Kathpalia, representing the global IT major, said its apps, which are merely pre-installed, “do not lead to dominance”.
Senior Advocate Arun Kathpalia, representing the global IT major, said its apps, which are merely pre-installed, “do not lead to dominance”.
There is no embargo on pre-installing other apps and Android users can download apps like WhatsApp, Instagram, Twitter, etc. from Play Store as per their choice. In 2021, 26 billion app downloads were recorded.
There is no embargo on pre-installing other apps and Android users can download apps like WhatsApp, Instagram, Twitter, etc. from Play Store as per their choice. In 2021, 26 billion app downloads were recorded.
In addition, OEMs, on the contrary, are also satisfied with GMS as they said these apps make their products more sellable, Kathpalia added.
In addition, OEMs, on the contrary, are also satisfied with GMS as they said these apps make their products more sellable, Kathpalia added.
“Where’s the harm to the OEM and users?” he said adding CCI’s order reflects “unfairness.”
“Where’s the harm to the OEM and users?” he said adding CCI’s order reflects “unfairness.”
It charges no royalties and maintains a healthy ecosystem, Kathpalia said. He went on to say that Google doesn’t have a closed system like Apple.
It charges no royalties and maintains a healthy ecosystem, Kathpalia said. He went on to say that Google doesn’t have a closed system like Apple.
“There’s huge competition within the Android ecosystem,” he added.
“There’s huge competition within the Android ecosystem,” he added.
On October 20 last year, CCI fined Google £1,337.76 million for anti-competitive practices relating to Android mobile devices. In the October judgment, CCI also ordered the internet major to refrain from various unfair business practices.
On October 20 last year, CCI fined Google £1,337.76 million for anti-competitive practices relating to Android mobile devices. In the October judgment, CCI also ordered the internet major to refrain from various unfair business practices.
NCLAT, an appellate body for the orders issued by CCI, began its hearing on the Android matter on February 15, on orders from the Supreme Court. The Apex Court had directed NCLAT to rule on the appeal by March 31.
NCLAT, an appellate body for the orders issued by CCI, began its hearing on the Android matter on February 15, on orders from the Supreme Court. The Apex Court had directed NCLAT to rule on the appeal by March 31.
Earlier on January 4, a separate panel of NCLAT issued a notice of Google’s objection, ordering Google to pay 10 percent of the CCI’s ₹1,337 crore penalty. It had declined to stay the CCI regulation, adjourning the matter to April 3, 2023 for a final hearing.
Earlier on January 4, a separate panel of NCLAT issued a notice of Google’s objection, ordering Google to pay 10 percent of the CCI’s ₹1,337 crore penalty. It had declined to stay the CCI regulation, adjourning the matter to April 3, 2023 for a final hearing.
This was challenged by Google in the Supreme Court, which also declined to stay the CCI order but ordered NCLAT to rule on Google’s appeal by March 31.
This was challenged by Google in the Supreme Court, which also declined to stay the CCI order but ordered NCLAT to rule on Google’s appeal by March 31.
This story was published from a wire agency feed with no changes to the text. Only the headline has been changed.
