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The NCLAT will shortly pronounce its judgement on Google's plea challenging the CCI order imposing a penalty of Rs 1337 crores on the tech giant for allegedly misusing its dominant position in the Android ecosystem.
#Google #NCLAT #CCI #Android @CCI_India
#Google #NCLAT #CCI #Android @CCI_India
The judgment will be pronounced by a bench of NCLAT Chairperson Justice Ashok Bhushan and Dr Alok Srivastava, Member (Technical) at 2 PM.
Order: We have framed 14 issues.
NCLAT holds that the CCI investigation was not in violation of principles of natural justice.
#Breaking NCLAT upholds the CCI penalty of Rs 1337 crore imposed on Google. However, the court sets aside certain directions issued by the commission.
The court has quashed the directions issued in Paragraphs 617.3, 617.9, 617.10, and 617.7.
Direction 617.3 -- Google shall not deny acces to its play services Application Programming Interface (APIs) to disdvantage Original Equipment Manufacturers, app developers and its existing or potential competitors.
Direction 617.7 -- Google shall not restrict uninstalling of its pre-installed apps by the users.
Direction 617.9 -- Google shall allow the developers of app stores to distribute their app stores through Google Play Store.
Direction 617.10 -- Google shall not restrict the ability of app developers in any manner to distribute their apps through side-loading.
All the above mentioned directions have been held to be unsustainable.
In a detailed order, the tribunal also said that the CCI's order is not replete with comfirmation bias. It held that the pre-installation of entire Google Mobile Services (GMS) does amount to unfair use.
The bench held that by making Anti Fragmentation AGreement and ACC mandatory has limited scientific development.
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