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NEW DELHI: The Supreme Court on Friday admitted crossappeals by Google and Competition Commission of India (CCI), both challenging the March 29 decision of NCLAT that upheld a penalty of Rs 1,338 crore on the global internet-based service provider for anti-competitive trade practices through Android mobile operating system, but set aside CCI’s four directions against Google.
Appearing for Google, senior advocates Harish Salve and Maninder Singh told a bench of CJI D Y Chandrachud, and Justices P S Narasimha and Manoj Misra that “since both sides are in appeal against the NCLAT order with different legal issues, it would be better if the appeals are scheduled for detailed final hearing in SeptemberOctober. ” The bench agreed and listed the two appeals for final hearing on October 10.
Google presented a detailed argument against imposition of hefty penalty by CCI, and said even if it was to be assumed for that levy of penalty was legitimate, “the tribunal should have considered revenue earned from the alleged unlawful practices, i. e. , the tying of Search, and YouTube to the Play Store leading to a foreclosure of rivals in these markets (as Chrome independently does not generate any revenue). This would, without prejudice to Google’s position that no penalty is warranted, reduce the penalty by several hundred crores. ”
Appearing for Google, senior advocates Harish Salve and Maninder Singh told a bench of CJI D Y Chandrachud, and Justices P S Narasimha and Manoj Misra that “since both sides are in appeal against the NCLAT order with different legal issues, it would be better if the appeals are scheduled for detailed final hearing in SeptemberOctober. ” The bench agreed and listed the two appeals for final hearing on October 10.
Google presented a detailed argument against imposition of hefty penalty by CCI, and said even if it was to be assumed for that levy of penalty was legitimate, “the tribunal should have considered revenue earned from the alleged unlawful practices, i. e. , the tying of Search, and YouTube to the Play Store leading to a foreclosure of rivals in these markets (as Chrome independently does not generate any revenue). This would, without prejudice to Google’s position that no penalty is warranted, reduce the penalty by several hundred crores. ”
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