Google Likely To Approach Supreme Court After NCLAT’s Refusal To Stay CCI’s Penalty: Report

The Google vs Competition Commission of India saga may take a new turn, as per latest reports. After the tech giant witnessed the National Company Law Appellate Tribunal (NCLAT’s) refusal to stay CCI’s penalty, it is reportedly considering approaching the Supreme Court. 

According to a PTI report, Google is mulling approaching the Supreme Court by filing a Special Leave Petition. Even though the tech giant has not officially commented on the same, sources, as per PTI, have shared that Google’s this move comes in response to the recent developments at NCLAT hearing. 

For the unversed, on Wednesday, NCLAT refused to put an interim stay on CCI’s penalty amounting to Rs 1,337.76 crore on grounds of alleged abuse of dominant position in multiple markets in the Android mobile device ecosystem. In addition to this, the NCLAT also directed the tech giant to deposit a 10 per cent of the penalty within a stipulated time and scheduled another hearing. 

As per PTI, when NCLAT refused a stay on CCI’s penalty and denied immediate relief it said, “We are of the opinion that at the moment, considering the voluminous nature of the appeal and the fact that date of final hearing is fixed on April 3, 2023 there is no need to pass any interim order.”

Further, as per media reports, Google has also argued that the CCI penalty maybe more harmful for the Indian market as it may lead to increased prices in the Android mobile device ecosystem. “At the very least, the Commission could have debarred the Informants from working in the DG office while the investigation was ongoing, to ensure that the investigating officer was able to impartially assess the case without any influence, such that no concerns could arise on the independence of the investigation,” PTI cited Google’s argument as mentioned.