CCI fine over mobile app distribution 'Unfair Imposition': Google
By MYBRANDBOOK
Tech giant Google submitted before the NCLAT saying that there was "unfair imposition" by CCI over its mobile app distribution agreement with device makers. Google claims that it does not restrict from installing other apps, including that of rivals. A two-member NCLAT bench headed by Chairperson Justice Ashok Bhushan said it will start day-to-day hearing of the matter from February 23, the next date of hearing.
While arguing its matter before the National Company Law Appellate Tribunal (NCLAT), Google said that the placement of its apps on devices through pre-installation under MADA (Mobile Application Distribution Agreement) is not "unfair" as there is no restriction from installing other apps and enough space is available for them.
The appellate tribunal was hearing a plea filed by Google against Rs. 1,337 crore penalty imposed by the competition watchdog for abusing its dominant position in relation to Android mobile devices.
Under MADA, OEMs (original equipment manufacturers) are required to have Google Mobile Suite (GMS) while installing the Android OS of Google which cannot be uninstalled. Senior Advocate Arun Kathpalia, representing the global IT major said its apps, which are merely pre-installed "does not translate into dominance".
There is no embargo on pre-installation on other apps and Android users can download apps like WhatsApp, Instagram, Twitter from its Play Store as per their choice. In 2021, 26 billion downloads of apps were recorded.
Kathpalia said that it is not charging any royalty and is ensuring a healthy ecosystem, further adding that Google does not have a closed system like Apple.
"There is huge competition within the Android ecosystem," he added.
On October 20 last year, CCI slapped a penalty of Rs. 1,337.76 crore on Google for anti-competitive practices in relation to Android mobile devices. In the October ruling, CCI had also ordered the internet major to cease and desist from various unfair business practices.
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