New Delhi: The National Company Law Appellate Tribunal<\/a> has refused to stay the penalty of Rs 1,337.76 crore imposed on Google<\/a> India by the country’s antitrust regulator. 的请愿书NCLAT,谷歌宣称印度的竞争委员会进行的调查(CCI)是基于两前初级员工提交的投诉CCI和一个法律系的学生。所有这三个国家”未能参与诉讼自2019年调查开始以来,“谷歌声称它的请愿书,由等独家访问。 新德里:国家公司法上诉法庭拒绝在1337点卢比的罚款对吗谷歌印度国家的反垄断监管机构。
In a hearing on Wednesday, it directed the company to deposit 10% of the fine with the NCLAT registry. The search giant is likely to challenge the tribunal’s ruling in the Supreme Court, people aware of the matter said.
In its petition to NCLAT, Google alleged that the investigation conducted by the Competition Commission of India (CCI) was based on complaints filed by two former junior employees of CCI and a law student. All three complainants “have failed to participate in proceedings since the investigation started in 2019,\" Google claimed in its petition, accessed exclusively by ET.
On October 20, CCI fined Google India for abusing its dominant position within the Android mobile operating system across various market segments.
‘Not an Impartial, Balanced Probe’
<\/strong>
The commission also ordered the company to stop engaging in unfair commercial practices. In response, Google had moved the NCLAT on December 20, challenging the penalty.
During Wednesday’s hearing, the search company sought an interim stay on CCI’s penalty order that could be enforced after January 19. The appellate tribunal, while refusing to stay the CCI order<\/a>, said it would hear Google's plea on February 13.
A two-member bench of NCLAT headed by Justice Rakesh Kumar observed that Google — by choosing to file an appeal two months after the CCI order was issued — showed a “lack of urgency.”
In its defence, Google said it had to read through CCI’s order before deciding on the next course of action, leading to delay in the challenge.
In its petition to NCLAT, Google has also alleged that “no credible market participants” had ever asked the regulator to “intervene” or had ever complained about its conduct in the Android mobile device market. On the contrary, Indian device manufacturers such as Lava and Micromax have written to CCI asking it to “recognise the harm that would result from ill-considered interventions,” Google claimed.
CCI’s director general (DG) had failed to “conduct an impartial, balanced and legally sound investigation while ignoring evidence from Indian users, app developers and OEMs,” the tech giant said in its petition.
Further Challenges
<\/strong>
Google was allowed 60 days to move an appeal against CCI’s October 20 order. It was given a further 30 days before the penalty can be enforced from January 19.
NCLAT will hear Google’s further challenges to the CCI order directing it to change the way it operates in the Android mobile device market on April 3.
In the course of Wednesday’s hearing, Google also told NCLAT that the competition regulator’s order was “patently erroneous” and “fraught with errors,” and that it had been copied from the European Commission’s orders.
ET in its Wednesday edition reported that Google had alleged in its challenge to the CCI order that the competition regulator had “copy-pasted” from orders of other foreign authorities and jurisdictions.
In its petition to the tribunal, Google has alleged that the CCI DG “copy-pasted extensively from a European Commission decision, deploying evidence from Europe that was not examined in India or even on the commission’s file,” adding that there were “more than 50 instances of copy-pasting” in the CCI’s order.
It also claimed that while the CCI probe concluded that Google’s revenue sharing agreements were “abusive,” the DG “never investigated them or reviewed copies of the agreements.”
“Instead, the commission based its alleged abuse on different per-device agreements that do not contain the allegedly abusive provisions, as they do not apply across an agreed portfolio of devices,” the tech giant’s petition stated.
Apart from a fine of Rs 1,337.76 crore, CCI had also imposed a penalty of Rs 936.44 crore on Google for abusing its dominant position with respect to its Play Store policies, in its order of October 25. In this second order, the commission had issued a cease-and-desist order prescribing eight corrective measures that Google Play needed to implement to correct its anti-competitive practices.
On Tuesday, NCLAT also refused to hear the impleadment applications moved by OSLabs Technology (India) Private Limited and MapmyIndia, but said the two companies could file their petitions with the registry and their plea would be heard at a later date. OSLabs, the parent company of IndusOS, was acquired by fintech giant PhonePe in 2022.
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NCLAT拒绝谷歌保持价值1338卢比的罚款
在周三的听证会,要求该公司存款的10%的罚款NCLAT注册表。这家搜索巨头可能会挑战最高法院的法庭的判决,人们意识到说。
的请愿书NCLAT,谷歌宣称印度的竞争委员会进行的调查(CCI)是基于两前初级员工提交的投诉CCI和一个法律系的学生。所有这三个国家”未能参与诉讼自2019年调查开始以来,“谷歌声称它的请愿书,由等独家访问。
“不是一个公正的,平衡的调查”
该委员会还要求该公司停止从事不公平的商业行为。作为回应,谷歌曾NCLAT 12月20日挑战性的惩罚。
在周三的听证会期间,搜索公司寻求一个临时停留在CCI的点球,在1月19日执行。上诉法庭,而拒绝停留CCI秩序表示,将听到谷歌在2月13日的答辩。
的带两台NCLAT为首的正义Rakesh Kumar指出,谷歌,通过选择上诉两个月后,CCI发布,显示“缺乏紧迫感。”
国防,谷歌表示,它已通读CCI的订单再决定下一步的行动,导致延迟的挑战。
的请愿书NCLAT,谷歌也宣称“没有可信的市场参与者”曾经要求监管机构“干预”或曾经抱怨其Android的移动设备市场的行为。相反,印度的设备制造商,如熔岩和Micromax写CCI问它“承认由于考虑不周的伤害干预措施,”谷歌声称。
CCI的总经理(DG)未能“合法进行公正、平衡和良好的调查而忽视证据从印度用户,应用程序开发人员和oem,“科技巨头在它的请愿书。
进一步的挑战
谷歌允许上诉CCI的60天10月20日的顺序。它被进一步处罚前30天可以从1月19日被强制执行。
NCLAT会听到谷歌进一步挑战CCI指挥它改变其运作方式在安卓移动设备市场4月3日。
在周三的听证会上,谷歌还告诉NCLAT竞争监管机构的命令是“明显错误”和“充满了错误,”,它被复制从欧盟委员会(European Commission)的订单。
等在周三版报道,谷歌已涉嫌在其挑战CCI秩序的竞争监管机构“充满”订单的其他外国政府和地区。
法庭申诉,谷歌称,CCI DG”充满大量从欧洲委员会决定,在印度部署证据来自欧洲,没有检查甚至在委员会的文件,”并补充说有50多个复制粘贴的实例“CCI的秩序。
它还声称,尽管CCI调查得出的结论是,谷歌的收入分享协议“虐待”,总干事“从不调查或审核协议的副本。”
“相反,其涉嫌滥用委员会基于不同种每设备协议不包含涉嫌滥用条款,因为他们并不适用在约定的设备组合,“科技巨头的请愿书。
除了1337点卢比的罚款,CCI也对谷歌936.44卢比的罚款滥用其主导地位对其发挥商店政策,在10月25日的订单。在这第二个订单,该委员会已发出指示要求开八纠正措施,谷歌需要实现正确的反竞争行为。
周二,NCLAT也拒绝听到impleadment应用感动OSLabs技术(印度)私人有限和MapmyIndia,但表示,两家公司可能文件与注册表和他们的请愿书请求能听见在稍后的日期。OSLabs IndusOS的母公司,是于2022年由fintech巨头PhonePe收购。
读到
New Delhi: The National Company Law Appellate Tribunal<\/a> has refused to stay the penalty of Rs 1,337.76 crore imposed on Google<\/a> India by the country’s antitrust regulator.
In a hearing on Wednesday, it directed the company to deposit 10% of the fine with the NCLAT registry. The search giant is likely to challenge the tribunal’s ruling in the Supreme Court, people aware of the matter said.
In its petition to NCLAT, Google alleged that the investigation conducted by the Competition Commission of India (CCI) was based on complaints filed by two former junior employees of CCI and a law student. All three complainants “have failed to participate in proceedings since the investigation started in 2019,\" Google claimed in its petition, accessed exclusively by ET.
On October 20, CCI fined Google India for abusing its dominant position within the Android mobile operating system across various market segments.
‘Not an Impartial, Balanced Probe’
<\/strong>
The commission also ordered the company to stop engaging in unfair commercial practices. In response, Google had moved the NCLAT on December 20, challenging the penalty.
During Wednesday’s hearing, the search company sought an interim stay on CCI’s penalty order that could be enforced after January 19. The appellate tribunal, while refusing to stay the CCI order<\/a>, said it would hear Google's plea on February 13.
A two-member bench of NCLAT headed by Justice Rakesh Kumar observed that Google — by choosing to file an appeal two months after the CCI order was issued — showed a “lack of urgency.”
In its defence, Google said it had to read through CCI’s order before deciding on the next course of action, leading to delay in the challenge.
In its petition to NCLAT, Google has also alleged that “no credible market participants” had ever asked the regulator to “intervene” or had ever complained about its conduct in the Android mobile device market. On the contrary, Indian device manufacturers such as Lava and Micromax have written to CCI asking it to “recognise the harm that would result from ill-considered interventions,” Google claimed.
CCI’s director general (DG) had failed to “conduct an impartial, balanced and legally sound investigation while ignoring evidence from Indian users, app developers and OEMs,” the tech giant said in its petition.
Further Challenges
<\/strong>
Google was allowed 60 days to move an appeal against CCI’s October 20 order. It was given a further 30 days before the penalty can be enforced from January 19.
NCLAT will hear Google’s further challenges to the CCI order directing it to change the way it operates in the Android mobile device market on April 3.
In the course of Wednesday’s hearing, Google also told NCLAT that the competition regulator’s order was “patently erroneous” and “fraught with errors,” and that it had been copied from the European Commission’s orders.
ET in its Wednesday edition reported that Google had alleged in its challenge to the CCI order that the competition regulator had “copy-pasted” from orders of other foreign authorities and jurisdictions.
In its petition to the tribunal, Google has alleged that the CCI DG “copy-pasted extensively from a European Commission decision, deploying evidence from Europe that was not examined in India or even on the commission’s file,” adding that there were “more than 50 instances of copy-pasting” in the CCI’s order.
It also claimed that while the CCI probe concluded that Google’s revenue sharing agreements were “abusive,” the DG “never investigated them or reviewed copies of the agreements.”
“Instead, the commission based its alleged abuse on different per-device agreements that do not contain the allegedly abusive provisions, as they do not apply across an agreed portfolio of devices,” the tech giant’s petition stated.
Apart from a fine of Rs 1,337.76 crore, CCI had also imposed a penalty of Rs 936.44 crore on Google for abusing its dominant position with respect to its Play Store policies, in its order of October 25. In this second order, the commission had issued a cease-and-desist order prescribing eight corrective measures that Google Play needed to implement to correct its anti-competitive practices.
On Tuesday, NCLAT also refused to hear the impleadment applications moved by OSLabs Technology (India) Private Limited and MapmyIndia, but said the two companies could file their petitions with the registry and their plea would be heard at a later date. OSLabs, the parent company of IndusOS, was acquired by fintech giant PhonePe in 2022.
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