Won't Give Effect To Google Play Billing Policy Clarification Till Oct 31 : Google Tells Karnataka High Court

A single-judge bench of Justice Krishna S Dixit took on record the joint memo filed by the parties–Google, Competition Commission of India and Alliance of Digital India Foundation (ADIF).

The memo states that "Petitioners (Google India) will continue to cooperate in the investigation by the Director-General in the pending Matters. The Petitioners will not give effect to the Google Play Billing Policy Clarification until 31/10/2022, in compliance with their assurance to this Hon'ble Court. In the light of the above, the Interim Relief Application filed by Respondent No. 2 under Section 33 of the Act in Case No. 14 of 2021, may be closed by this Hon'ble Court, reserving liberty to Respondent No 2 to file fresh interim application(s), if the need so arises."

Further, it is stated that the Joint Memo shall not be construed as a legal or factual admission or waiver by any of the parties. All factual and legal contentions, by all parties, remain open, and parties are at liberty to file appropriate proceedings in the future, as deemed necessary.

The memo was filed on the direction of the court, following the oral statement made by the Competition Commission of India (CCI) on the previous hearing date that it will complete its investigation within 60-days.

Additional Solicitor General N Venkatraman had said, "CCI heard an application filed by DG Investigation and he has given an assurance that he will complete the investigation in 60 days." The Commission had thus requested the court to close the petition filed by Google India Private Limited challenging an order of the Commission dated December 14.

Senior Advocate Sajan Poovayya appearing for Google submitted that as per the joint memo submitted to the court, the company would cooperate in the ongoing investigation.

The company had approached the court challenging an order of the Commission by which it rejected Google's request for access to the identity of app developers/start-ups allegedly suffering harm on account of Google Play store payments policy 2020 and directed it to file its reply to the application filed by Alliance of Digital India Foundation (ADIF), by December 31, failing which it shall proceed with the matter.

The plea filed through Advocate Dharmendra Chatur, Advocate Manu Kulkarni and Poovayya & Co. Sanjanthi, said that the impugned order violates principles of natural justice. It constrains the petitioners to defend the ADIF IR Application - which is predicated on an assertion of irreparable harm - while simultaneously denying the Petitioners the right to know the identity of the parties that they are alleged to have harmed.

Further, it states that "Forcing the Petitioners to defend the ADIF IR Application blindfolded cannot comport with natural justice, such restraint is premised on mere speculation that the Petitioners would retaliate against the complainants, a theory the Commission adopted without any reasoned order or hearing."

It is also said that "The Commission failed to appreciate that withholding information relating to the identity of the relevant app developers/start-ups denies the Petitioners their right to defend themselves effectively, including their ability to verify the particulars of the harm alleged."

The plea thus prayed for directions to the Commission to protect the petitioners' constitutional, statutory and due process rights and set aside the impugned order. In the interim, the petitioners seek to stay further proceedings in relation to ADIF's IR Application before the Commission and also grant a stay of the operation of the impugned order.

Case Title: Google India Private Limited v. Competition Commission Of India

Case No: WP 24277/2021

Citation: 2022 LiveLaw (Kar) 9