Google will challenge CCI's antitrust ruling in the Supreme Court
What's the story
Earlier this week, the National Company Law Appellate Tribunal (NCLAT) refused to grant Google a stay against a Competition Commission of India (CCI) order imposing Rs. 1,336.7 crore penalty. The company has decided to take the next step now. As per media reports, the tech giant will challenge the CCI order in the Supreme Court of India.
Context
Why does this story matter?
The Google-CCI saga is about to enter its next phase. As we expected when NCLAT denied Google's plea for a stay, the company is about to approach the Supreme Court. If this appeal fails, the tech giant will be at the mercy of the competition watchdog. That will also spell the beginning of the end of the Android ecosystem as we know it.
NCLAT order
NCLAT ordered Google to deposit 10% of penalty
On Wednesday, the NCLAT rejected Google's plea for an interim stay against monetary and non-monetary sanctions imposed by the CCI. To add insult to injury, the tribunal also directed the company to deposit 10% of the penalty. The main ground for non-grant of stay was that it took Google two months to approach the tribunal. The tribunal, however, agreed to hear Google's appeal.
Challenge
Google will file a special leave petition in SC
Google has time till January 19 to comply with CCI's order. With that date fast approaching, the company has decided to challenge the competition watchdog's antitrust ruling in the Supreme Court. It is most likely to file a special leave petition today seeking an interim stay. Google will try to showcase the challenge Android will face if a stay is not granted.
Google's argument
Google alleged that CCI copy-pasted a European Commission decision
Google will argue that the CCI's order is violative of natural justice, as the watchdog doubled up as both the complainant and investigator. In its filing to the NCLAT, the company alleged that CCI copy-pasted a European Commission decision without examining evidence. It said the commission failed to conduct an impartial, balanced, and legally sound investigation.