On Thursday, Google LLC informed the Supreme Court that the arguments in the case concerning its alleged anti-competitive practices related to Android mobile devices could take five to six days.
Last year, on March 29, the National Company Law Appellate Tribunal (NCLAT) delivered a mixed verdict regarding Google’s conduct, upholding a fine of ₹1,338 crore while overturning conditions that required the company to permit third-party app stores on its Play Store.
The Supreme Court is currently considering cross-pleas from both Google and the Competition Commission of India (CCI), which challenge the appellate tribunal’s ruling on the tech giant’s practices related to Android.
A bench consisting of Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra has scheduled the cross-pleas for hearing on Thursday, though it is unlikely that the matter will be heard today due to other ongoing cases.
During the proceedings, senior advocate Harish Salve, representing Google, mentioned that the hearing could take five to six days. The Chief Justice remarked that the plea would remain on the board for consideration.
In July, the Supreme Court indicated it would hear the cross-pleas in the second week of September. The bench also appointed lawyer Sameer Bansal to act as the nodal counsel, tasked with preparing common digital pleadings with assistance from both sides to facilitate the adjudication process.
The NCLAT had upheld the CCI’s fine against Google for exploiting its dominant position in the Android market. However, it struck down an order from the antitrust regulator that restricted users from removing pre-installed apps.
Both Google and the CCI subsequently approached the Supreme Court to contest the NCLAT’s ruling. The Supreme Court first took up the appeals on July 7 of the previous year.
In its 189-page order, the NCLAT affirmed six directives from the CCI, including one requiring Google to allow users to select their default search engine during initial device setup, and another prohibiting OEMs from being compelled to pre-install a suite of apps. The tribunal directed Google to implement these directives and to deposit the imposed penalty within 30 days.
The NCLAT upheld the CCI’s order while allowing Google to adjust 10 percent of the penalty already deposited in compliance with a previous ruling dated January 4, 2023. The CCI had initially imposed the ₹1,337.76 crore penalty on October 20, 2022, for anti-competitive practices related to Android devices, along with orders for the company to cease various unfair business practices.
