Here’s what Supreme Court has to say on Google plea against CCI’s penalty – Times of India
During the hearing, a bench headed by Chief Justice D Y Chandrachud asked senior advocate Abhishek Manu Singhvi, who appeared as Google’s counsel, “will Google practice the same regime in place in India as you have in Europe? Please reflect on this and come back.”
N Venkatraman, Additional Solicitor General of India representing CCI said that Google was taking different standards in Europe and India.
“We are going to show some shocking data. Their grievance that they’re unable to comply with the order within 90 days doesn’t stand because they’re fully complying with the order passed in 2016 in the European Union. €4 billion fully paid. All these directions have totally complied within Europe for the past five years. Standing committee is now going into this, this will now be part of digital law. The European Union has already held them to be dominant. We are a third-world country. How can they discriminate Indian consumers from European consumers?” Venkatraman said.
The Supreme Court also said it could consider sending the application filed by Google back to the National Company Law Appellate Tribunal (NCLAT), which refused to stay CCI order and asked the company to pay 10% of the penalty imposed by the anti-competitive watchdog.
Directions extraordinary, says Google
Singhvi said that Android is the world’s best ecosystem and the directions to the company are extraordinary. Singhvi added that the matter was filed in December and on January 3, it was mentioned before the NCLAT and the date of compliance is January 19. The top court has scheduled the matter for hearing on January 18.
Google to NCLAT: CCI ‘copy-pasted’ EU order
Google had previously said that the CCI’s investigation unit “copy-pasted extensively from a European Commission decision, deploying evidence from Europe that was not examined in India”.
“There are more than 50 instances of copypasting”, in some cases “word-for-word”, and the watchdog erroneously dismissed the issue, Google said in its filing. “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,” the company added.
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