NCLAT upholds Rs 1,338-crore penalty imposed on Google by CCI - Economic Times

In a major setback to Google, the National Company Law Appellate Tribunal (NCLAT) has upheld the fine of Rs 1,338 crore imposed on the search giant by the Competition Commission of India (CCI), saying the competition watchdog’s order did not violate the principles of natural justice.

Last month, Google submitted before the NCLAT that there had been an “unfair imposition” by the CCI on its mobile app distribution agreement with device makers, as it did not restrict the device makers from installing other apps, including those of rivals.

While refusing to stay the NCLAT order of January 4, the Supreme Court had on January 19 asked the appellate tribunal to decide Google’s appeal by March 31. The apex court had also refused to grant a stay on the 10 non-monetary directions issued by the CCI in its October 20 ruling last year.

The NCLAT, an appellate authority for orders passed by the CCI, had started its hearing in the Android matter on February 15 following a directive by the Supreme Court.

While arguing the matter before the appellate tribunal, Google said that the pre-installation of its apps on devices through a Mobile Application Distribution Agreement (MADA) was not “unfair” as there was no restriction from installing other apps and enough space available for them.

Earlier, a separate NCLAT bench had on January 4 issued notice over Google's plea, directing it to pay 10 per cent of the Rs 1,337 crore penalty imposed by the CCI. It had declined to stay the CCI order and put the matter up for a final hearing on April 3, 2023.

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NCLAT upholds Rs 1,338-crore penalty imposed on Google by CCI - Economic Times
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