SC to consider sending Google-CCI case back to NCLAT

A bench led by Chief Justice of India DY Chandrachud on Wednesday said it will consider sending the matter back to the National Company Law Appellate Tribunal (NCLAT) and asked the tribunal to hear afresh the stay application filed by Google in the matter. Will ask to consider. The apex court will now hear the matter on Wednesday.

On January 4, NCLAT refused to grant any interim relief to Google in a case against CCI.

The dog watching the competition was fined 1,338 crore on the Alphabet-owned US giant for allegedly indulging in unfair trade practices and using its dominant market position in certain markets. Dissatisfied with the CCI order, Google moved the NCLAT and sought a stay on the CCI order.

Apart from imposing the penalty, the CCI had also directed it to desist from participating in anti-competitive practices and modify its conduct within a stipulated time frame.

Additional Solicitor General R. Venkataraman informed the apex court that the European Union has put the US giant in abuse of a dominant position, adding that India was being treated differently by Google.

Essentially, Google alleged before the NCLAT that the CCI copied parts of a European order against the company for abusing the market dominance of its Android operating system, while seeking to set aside the CCI order by the tribunal. It was It also sought a stay on the penalty imposed by the CCI.

Earlier in January, the NCLAT had said, “We will settle the matter in February on the point of interim stay.” At present, we are not passing any interim order in this matter”, adding that the matter required a detailed hearing.

The Appellate Tribunal has sought response from the competition watchdog on the fine imposed on Google and issued notice to it in the matter. The court fixed February 13 for a detailed hearing of the matter.

It had also asked Google to deposit 10% of the fine as an interim measure.