Google Android case: SC sets October 10 for hearing

On October 10, the Supreme Court has scheduled the commencement of arguments in a legal dispute between Google and India's antitrust regulator, the Competition Commission of India (CCI). This follows the National Company Law Appellate Tribunal's (NCLAT) endorsement of key findings by the Commission against Google, including a penalty of more than ₹1337 crore, for its alleged abuse of dominance in the Android ecosystem.
Google has filed cross-appeals in the top court, contesting the NCLAT's affirmation of six out of the 10 non-monetary directions issued by the CCI on October 20. Google claims there is insufficient evidence to support these findings. Meanwhile, the CCI is challenging the four conditions under which the tribunal provided relief to Google, seeking a reconsideration of the order.
The bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, has issued a notice for both CCI and Google to respond to the appeals. Senior advocate Harish Salve, representing Google, proposed that the matter be scheduled for a specific day in September or October. Additional solicitor general (ASG) N Venkatraman appeared in court for the CCI.
The bench, which includes justices PS Narasimha and Manoj Misra, has fixed October 10 for the proceedings. The Court has also instructed both parties to prepare a shared digital compilation of relevant documents by October 3, appointing advocate Sameer Bansal as the nodal counsel to facilitate communication between the two sides.
In its appeal to the Supreme Court, Google argues that the Tribunal has made a significant legal error by upholding the Commission's findings without any evidence of abuse, “merely based on Google's alleged market power and has directed the discontinuation of Google's procompetitive practices."
The allegations against Google involve the alleged misuse of its monopoly in the Android ecosystem through unfair conditions imposed on mobile device manufacturers, primarily related to pre-installing a set of Google apps. Although Google maintains that this practice is not mandatory, the tribunal agreed with the Commission's assertion that Google gained an unfair advantage over rival apps through preferential display on device home screens.