NCLAT directs Google to pay 10% of CCI’s Rs 1,337.76 crore fine for now

The National Company Law Appellate Tribunal (NCLAT), on Wednesday, directed Google to pay 10 per cent of the Rs 1,337.76 crore fine that was imposed by the Competition Commission of India (CCI) before hearing its plea against the order. The CCI had, in October 2022, penalised Google for abusing its dominant position in the Android mobile device ecosystem.

Google had challenged the fine, and moved NCLAT against the order. 

A bench of Justice Rakesh Kumar and Dr Alok Srivastava declined to pass an interim order and said that the plea for interim relief and stay on the order will be heard on February 13, as mentioned in a report in Bar and Bench. 

The NCLAT said, “The appellant is directed to deposit 10 per cent of the fine amount with the Registrar NCLAT as interim measure. Court to hear the application for interim relief and stay on the CCI order on February 13.”

Meanwhile, Google had told the tribunal that CCI copied parts of a European ruling, and argued for the decision to be quashed. In its filing, Google argued the CCI's investigation unit "copy-pasted extensively from a European Commission decision, deploying evidence from Europe that was not examined in India". This was argued by its counsel Abhishek Manu Singhvi before the tribunal too.  He said the CCI's decision will force the company to change its business model and harm consumer interest.

The tech giant said that there were more than 50 instances of copy-pasting, some even “word-for-word”. 

“The Commission failed to conduct an impartial, balanced, and legally sound investigation ... Google's mobile app distribution practices are pro-competitive and not unfair/ exclusionary,” it said. 

Google also said in a statement that it decided to appeal the CCI’s decision as it believes "it presents a major setback for our Indian users and businesses".

(With Reuters inputs)

Also read: Google alleges CCI copied parts of EU order on Android abuse