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Supreme Court Rejects Google’s Plea For Stay Against CCI Ruling

The top court has asked the NCLAT to decide Google's appeal against the competition regulator's order by March 31 this year

Supreme Court Rejects Google’s Plea For Stay Against CCI Ruling
POSTED ON January 19, 2023 5:58 PM

The Supreme Court on Thursday refused to stay the Competition Commission of India’s (CCI) order that asked US-based tech giant, Google, to make changes to its Android ecosystem by January 19. 

However, a bench of Chief Justice DY Chandrachud and Justices PS Narasimha and J B Pardiwala granted Google seven days to deposit 10 per cent of the Rs 1,337.76 crore penalty imposed by the Competition Commission of India (CCI).

The top court announced that the National Company Law Appellate Tribunal (NCLAT) will decide the appeal against the competition regulator's order by March 31. It further clarified that all actions taken will be subject to the final order of the appeal.

"We are resisting from evaluating the rival submissions... anything on merits would interfere with the proceedings before the NCLAT... CCI can not be held without jurisdiction at this stage," the bench said in its order.

The tech giant has been asked to approach the NCLAT within three working days from Thursday for seeking adjudication on its appeal against the CCI order.

The antitrust regulator reportedly denied allegations by Google that investigators had "copy-pasted" parts of a European ruling against the US firm for abusing the market dominance of its Android platform.

"We have not cut, copy and paste," N Venkataraman, a government lawyer representing the Competition Commission of India (CCI) reportedly told the top court.

On January 9, Google approached the Supreme Court after NCLAT refused to stay the CCI penalty order.

The NCLAT had on January 4 refused to grant an interim stay on the order of the competition regulator and asked Google to deposit 10 per cent of the penalty amount.

The appellate tribunal had admitted the search giant's challenge to the CCI slapping a Rs 1,337.76 crore fine for abusing the dominant position of its Android smartphone operating system in the country.

The CCI on October 20 penalised Google for allegedly exploiting its dominant position in markets such as online search and through the Android app store. The CCI had also asked the internet major to cease and desist from various unfair business practices.

(with PTI inputs)

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