Thread by @barandbench

The #NCLAT will hear today an appeal by #Alphabet (parent company of @Google ) against a @CCI_India order imposing a penalty of ₹936 crore on the tech giant for it anti-competitive practices in relation to its Play Store policies.

In addition to monetary fine, the CCI has also directed Google to cease and desist from participating in anti-competitive practices and to modify its conduct within a defined timeline.
#NCLAT @CCI_India @Google #PlayStore

The appeal will be heard by a two-member bench of Justice Rakesh Kumar, Member (Judicial) and Dr Alok Srivastava, Member (Technical).

Hearing is scheduled to start at 10:30am.
#NCLAT @CCI_India @Google #PlayStore

Sr Advocates @harishsalvee and @poovayya to appear for Google.
#NCLAT #Google @CCI_India

Bench assembles. Hearing starts.

Sr Adv Salve begins his submissions.
Bench: When was the order passed?
Salve: October.

Bench: We will grant you shortest date and hear you finally.

Salve presents the facts of the case.
#NCLAT @CCI_India @Google #PlayStore

Salve: There is an app store. It's called Play Store. If app developer sells app for free...
Bench: At the time of hearing you can say all these things.
#NCLAT @CCI_India @Google #PlayStore

Salve: I am seeking one interim relief today... What we are saying is if you are using our platform use our payment method.

Salve: Second in the in app purchase we said use our payment method. but later we said others can be used as well but we will be there too.
#NCLAT @CCI_India @Google #PlayStore

Salve: It is not that I am overcharging anyone. CCI also says it is not that I am overcharging.
#NCLAT @CCI_India @Google #PlayStore

Bench: Even when payment is made through other apps, it is all recorded. It is all there.

Salve: It is not the case that I am charging more.
Bench: It is not about that. It is about abusing dominant position.
#NCLAT @CCI_India @Google #PlayStore

Salve: Today we are in a binary situation. If i am in dominant position is it abusive if i ask some people to use my app/platform. Merely because I am dominant and I am asking for a contractual term does not make it abusive

Salve: Abuse would be if I am distorting competition.
#NCLAT @CCI_India @Google #PlayStore

Bench: There are other payment apps... The CCI is only saying payments can be made through others as well... You are hurting others. There are other payment aggregators as well.

Salve: All I am saying today is let the existing arrangement continue till the time my appeal is heard finally.
#NCLAT @CCI_India @Google #PlayStore

Bench: We are not passing any order today. We will hear it finally.
#NCLAT @CCI_India @Google #PlayStore

CCI counsel says that all these aspects are already in force in other jurisdictions.
#NCLAT @CCI_India @Google #PlayStore

Bench dictates order.
#NCLAT @CCI_India @Google #PlayStore

Order: Appeal admitted subject to deposit of 10% penalty imposed. Penalty to be deposited with registrar in four weeks. Matter listed for final hearing on April 17. No interim order.
#NCLAT @CCI_India @Google #PlayStore