03 Feb 2023

Is-Google-Participating-In-a-Healthy-Competition

Is-Google-Participating-In-a-Healthy-Competition

IS GOOGLE PARTICIPATING IN A HEALTHY COMPETITION?
 

What was Happened?

In just one week, the CCI slapped a fine of Rs 2,274.2 crore on Google. On 25th October, the CCI fined the company
Rs 936.44 crore for abusing its dominant market position in terms of its Play Store policies. Earlier, the watchdog
authority fined Google Rs 1,337.76 crore for abusing its position in several categories related to the Android mobile
device ecosystem.
The first was over Google’s Android mobile operating system and other proprietary mobile applications, including
the Play Store, Google Chrome and YouTube. It was held that Google’s mobile application distribution agreement
gave it significant market lead.
In the second instance, the CCI was concerned over the mandatory term of usage in Google Play Billing System for
purchase of application/in-app purchases. The CCI observed that Google Play was the primary distributional channel
for mobile applications installed by Android users.
 
What Has CCI Ordered?
- Issue cease-and-desist order directed him to modify its conduct.
- Also allow mobile app developers to use third-party payment services on their app stores, because Play Store
charged app providers a 30% commission for allowing them to use the Play Store's payment system and Google Play
in-app billing. Hence, they had no option to use alternative payment aggregators charging less commission.
 
What Google Respond?
Indian developers have benefited from the technology, security, unmatched choice and flexibility that Google
provide. By keeping costs low, our model has driven India's digital transformation and expanded access to millions
of Indians.
 
Google to Appeal
Google is reportedly planning to appeal against the two orders of CCI on three grounds. First, the fine they levied is
more “penal” than “token” Second, the CCI appears to have overlooked the patent perspective in the Android
ecosystem Third, the CCI has been through any clear evidence regarding the effect on consumers.
 
Computation of Penalty
In the Android case, the CCI imposed a penalty of 10% of revenue arising/accruing in India and in Play Store ruling,
the CCI imposed a penalty of 7% of the total revenue of Google’s business operations in India. (in compliance with
Sec. 27 of the Competition Act ,2002)
 
 Other Country having such Issues?
In 2021 South Korea made it mandatory for their app stores to have alternative payment systems
 
Third Antitrust Probe Likely To Take Another Year.
The third case deals with the company’s Android TV operating system, and the contracts Google has with
companies in that ecosystem.The complaint was filed by antitrust lawyers Kshitiz Arya and Purushottam Anand in
May 2020, and the CCI found prima facie evidence of violation of India’s antitrust regulations in June last year. It
ordered the DG to further investigate the matter and present a report on it.
 
CCI/PressReleaseNo. 56/2022-23
CCI/PressReleaseNo. 55/2022-23
 
Article Compiled By-
Mayank Garg
9582627751
 
Disclaimer:- Every effort has been made to avoid error or omissions in this material. In spite of this, errors  may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall betaken care of in the next edition. In no event the author shall be liable for any direct, indirect, special or incidental damage ressulting from or arising out of or in connection with the use of this information. Many sources have been considered including newspaper, circulars, reports etc.