独家
SC同意听到谷歌反对NCLAT秩序的请求
这些“安卓移动平台进行深远的改革”,将导致“持久和无法弥补的伤害”,设备制造商,印度消费者,应用程序开发人员,和更广泛的印度经济,谷歌说,最高法院在这个问题上寻求救济。
这些“安卓移动平台进行深远的改革”,将导致“持久和无法弥补的伤害”,设备制造商,印度消费者,应用程序开发人员,和更广泛的印度经济,谷歌说,最高法院在这个问题上寻求救济。
长椅上由首席大法官DY Chandrachud同意审理此案后1月16日高级顾问是普认为,“非凡的方向已经通过CCI”,也“没有发现任何滥用市场支配地位的行为(谷歌)”。
问顶点法院搁置CCI的补救措施要求在10月20日,因为这些是基于“猜测”,谷歌在其上诉表示,反垄断的顺序对它可能失速Android生态系统作为公司的发展将需要修改现有合同,引进新的许可协议,并改变现有的安排与1100多个设备制造商和成千上万的应用程序开发者。
进一步说,CCI订单不支付“听从”它可能导致Android生态系统的利益相关者造成不可逆转的破坏。
“例如,如果法庭最终发现有利于谷歌的听到完整的吸引力,它将无法撤销用户安全伤害,已经引起了生态系统,”谷歌说,而挑战国家公司法上诉法庭1月4日的订单,拒绝保持CCI方向为由“缺乏紧迫感,”该公司花了两个月提交上诉打击秩序。
上诉法庭拒绝保持1337卢比的罚款对谷歌印度通过CCI和导演在三周内存款10%的罚款。
谷歌走到NCLAT12月20日对CCI秩序。
谷歌还称,“没有可信的市场参与者”曾经要求CCI“干预”或曾经抱怨公司的安卓移动设备市场的行为。还声称,CCI的总经理未能合法”进行公正、平衡和声音调查”和竞争监管机构的顺序是“明显错误的”和“充满了错误”,而且它已经从欧洲委员会的命令复制。
谷歌宣称印度的欧盟反垄断机构复制部分订单在Android上滥用
印度的竞争委员会(CCI)罚款10月字母表公司利用其主导地位的谷歌1.61亿美元市场,如在线搜索和Android应用商店,并要求它改变智能手机制造商限制相关的预先安装的应用程序。
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<\/figure>The Supreme Court<\/a> will on Monday hear Google<\/a>\u2019s appeal against the Competition Commission of India's (CCI<\/a>) order that asked the tech major to make changes to its Android<\/a> ecosystem by January 19, which the search engine giant has been operating for the last 15 years.These \u201cmake far-reaching changes to the Android mobile platform\" and will lead to \u201clasting and irreparable harm\u201d to it, device manufacturers, Indian consumers, app developers, and the wider Indian economy, Google said, seeking relief in the matter from the Supreme Court.
A Bench led by Chief Justice DY Chandrachud agreed to hear the case on January 16 after senior counsel AM Singhvi argued that \u201cextraordinary directions have been passed by the CCI\u201d and that too \u201cwithout finding any abuse of dominance by it (Google)\u201d.
<\/div><\/div>\u201cCompliance date is given on January 19,\u201d thus there is an urgency to hear the case, Singhvi pleaded.
Asking the apex court to put on hold the remedial measures ordered by CCI on October 20 as these were based on \u201cspeculations\u201d, Google in its appeal stated that the antitrust order against it may stall the growth of the Android ecosystem as the company will need to modify its existing contracts, introduce new license agreements, and alter existing arrangements with more than 1,100 device manufacturers and thousands of app developers.
It further said that the CCI order does not pay \u201cheed\u201d to the irreversible harm it could cause to the Android ecosystem stakeholders.
\u201cFor example, if the tribunal eventually finds in Google\u2019s favour upon hearing the full appeal, it will not be able to undo the user safety damage that would have already been caused to the ecosystem,\u201d Google said, while challenging the National Company Law Appellate Tribunal<\/a>\u2019s January 4 order that refused to stay the CCI directions citing \u201clack of urgency,\u201d as the company took two months to file its appeal against the impugned order.
The appellate tribunal had refused to stay the penalty of Rs 1,337 crore imposed on Google India by CCI and directed it to deposit 10% of the fine within three weeks.
Asking the apex court to put on hold the remedial measures ordered by CCI on October 20 as these were based on \u201cspeculations\u201d, Google in its appeal stated that the antitrust order against it may stall the growth of the Android ecosystem as the company will need to modify its existing contracts, introduce new license agreements, and alter existing arrangements with more than 1,100 device manufacturers and thousands of app developers.
It further said that the CCI order does not pay \u201cheed\u201d to the irreversible harm it could cause to the Android ecosystem stakeholders.
\u201cFor example, if the tribunal eventually finds in Google\u2019s favour upon hearing the full appeal, it will not be able to undo the user safety damage that would have already been caused to the ecosystem,\u201d Google said, while challenging the National Company Law Appellate Tribunal<\/a>\u2019s January 4 order that refused to stay the CCI directions citing \u201clack of urgency,\u201d as the company took two months to file its appeal against the impugned order.
The appellate tribunal had refused to stay the penalty of Rs 1,337 crore imposed on Google India by CCI and directed it to deposit 10% of the fine within three weeks.
<\/div><\/div>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. It asked the Internet<\/a> major to cease and desist from various unfair business practices and prescribed eight corrective measures that Google Play needed to implement. This decision, according to Google, would expose Indian users to unprecedented security risks, and make Android devices in India more expensive.
Google approached the NCLAT<\/a> against the CCI order on December 20.
Google also alleged that \u201cno credible market participants\u201d had ever asked CCI to \u201cintervene\u201d or had ever complained about the company\u2019s conduct in the Android mobile device market. It also alleged that CCI\u2019s director general had failed to \u201cconduct an impartial, balanced, and legally sound investigation\u201d and the competition regulator\u2019s order was \u201cpatently erroneous\u201d and \u201cfraught with errors\u201d, and that it had been copied from the European Commission's orders.
Google approached the NCLAT<\/a> against the CCI order on December 20.
Google also alleged that \u201cno credible market participants\u201d had ever asked CCI to \u201cintervene\u201d or had ever complained about the company\u2019s conduct in the Android mobile device market. It also alleged that CCI\u2019s director general had failed to \u201cconduct an impartial, balanced, and legally sound investigation\u201d and the competition regulator\u2019s order was \u201cpatently erroneous\u201d and \u201cfraught with errors\u201d, and that it had been copied from the European Commission's orders.