World looking at us: CCI to SC in Google case; next hearing tomorrow

The CCI said that the issue at hand was of "national importance" and that Google be not given "two innings" at the NCLAT

The world was looking at how India was dealing with Google’s alleged abuse of its dominant position, the Competition Commission of India (CCI) told the Supreme Court on Wednesday. It said that the issue at hand was of “national importance” and that Google be not given “two innings” at the National Company Law Appellate Tribunal (NCLAT).

While the SC was originally looking to send the matter back to the NCLAT, observing that the tribunal had not looked at all the aspects of their interim stay application, it agreed to hear Google's petition on January 19.

Earlier in the day, the Bench of Chief Justice D Y Chandrachud and Justices PS Narasimha and J B Pardiwala, suggested that it would ask Google to appear before the NCLAT and ask the tribunal to hear the issue on January 23.

But Additional Solicitor General (ASG) N Venkataraman told the court that the matter was “of national importance”.

“Our request is that this court hears us out and decides the matter," he said.

Senior advocate AM Singhvi, appearing for Google, said he agreed with the ASG’s suggestion, and that both parties wanted the top court to hear and settle the issue once and for all.

"We will hear the matter on the merits of stay. We will take up this matter at 11.30 am tomorrow, or when all of you are here, whichever is earlier," the Bench said.

The apex court on Thursday was hearing Google’s challenge to the competition regulator’s Rs 1,338-crore penalty for unfair practices relating to Android devices. 

Google has three months to comply with the CCI’s directions and its deadline ends on January 19.

Google had moved the SC challenging an order passed by the NCLAT on January 6 that refused to stay the CCI's order. The tech giant was also directed to deposit 10 per cent of the penalty amount within three weeks. The next NCLAT hearing was slated for April 3. 

The Supreme Court on Monday had asked Google why there were different standards for Android devices in India and in other European countries. Google was also asked to explain if it would put the same regime in India as it had abroad, and if the tech giant's steps were inconsistent with the CCI’s directions. 

With inputs from PTI