Google v CCI | Supreme Court Agrees To Hear Stay Application On Merits Tomorrow

The Supreme Court on Wednesday resumed hearing the tech-giant Google's plea challenging the order of National Company Law Appellate Tribunal (NCLAT) which declined to stay the Competition Commission of India’s (CCI) decision to impose Rs 1,338 crore penalty on it for unfair and anti-competitive practices in relation to Android phones.

The matter was listed before CJI DY Chandrachud, Justice PS Narasimha, and Justice Krishna Murari. Google India has approached the Supreme Court challenging the order passed by the NCLAT on January 6 refusing to stay the CCI's order and directing it to deposit 10% of the penalty amount within a period of three weeks.

At the outset, CJI DY Chandrachud said to ASG Venkataraman, who is representing the CCI–

"What we were suggesting is that NCLAT has not really looked at their (Google's) application of interim stay. They say they will list it in April. Now we have to look into it. We can ask NCLAT to look into it. If we have to look at it should be in first impression as an appeal. It would mean devoting time of this court which is an interlocutory matter. We can direct them to appear before NCLAT. We will say matter will be listed in NCLAT on Monday. There will be no adjournment and protection from coercive action for two weeks. We will merely set aside this order and ask NCLAT to look into it on Monday. We won't even pass an interim order."

However, ASG Venkataraman, appearing for CCI, while highlighting the importance of the matter, submitted that the parties wished the matter to be heard by the Supreme Court. He said–

"There cannot be two innings. This is a matter of national importance - the world is looking at us. If it is going to end in NCLAT, we understand. But please hear us."

Dr AM Singhvi, appearing for Google, agreed with the same and stated that both the parties wanted to be heard by the Apex Court.

CJI DY Chandrachud said–

"Since it is 3.45 already, we'll hear it tomorrow morning, we'll hear on merits of stay. We will take it up at 11.30 or when all of you are here, whichever is earlier."

In the last hearing, the court had asked Google if it would follow the same approach taken by it in European Union, as regards pre-installed apps in Android-based in mobile phones in India? The question came up as the Competition Commission of India told the Court that the EU Commission had found the practise of Google to be anti-competitive way back in 2016 and that the tech company has since complied with the order in Europe. However, it is not willing to follow a similar order passed by the CCI, the bench was told.

Case Title: Google LLC And Anr. v. CCI And Ors. CA No. 229/2023

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