Google Withdraws Appeal: Delhi High Court Order on User Choice Billing System Review
Google has decided to withdraw its appeal against the Delhi High Court's directive, instructing the Competition Commission of India (CCI) to scrutinize applications by Indian startups challenging Google's user choice billing system. Senior advocate Sajan Poovayya, representing Google, emphasized that the initial order was issued when the CCI lacked the quorum, but now, with the necessary quorum, the CCI is actively reviewing startup applications. Google aims to withdraw the appeal while keeping legal questions open for future consideration.
Google has decided to withdraw its appeal against the directive from a single judge of the Delhi High Court. The order instructed the Competition Commission of India (CCI) to review applications filed by Indian startups challenging Google's user choice billing system.
During the court proceedings, Senior advocate Sajan Poovayya, representing Google, highlighted that the initial order was issued by a single judge at a time when the CCI lacked the quorum to address the plea. However, he informed the court that the CCI now possesses the necessary quorum and has been actively reviewing the applications put forth by startups. While expressing Google's desire to withdraw the appeal, Poovayya indicated the company's intention to keep legal questions open for future consideration.
Responding to this, lawyer Akanksha Kaul, representing the CCI, conveyed that the regulator has no objections to Google withdrawing its appeal. Consequently, the court granted permission for Google to proceed with the withdrawal.
This development follows the CCI's announcement in May 2023, expressing the need to investigate Google's new users' choice billing policy. The CCI aims to assess the company's compliance with its October 2022 directive, which instructed Google not to restrict app developers from utilizing third-party billing systems.
The legal saga began in April when a group of Indian startups approached the Delhi High Court, urging the CCI to urgently scrutinize Google's user choice billing system. The Alliance of Digital India Foundation (ADIF), the petitioner, sought the CCI's intervention to investigate Google's alleged violation of its guidelines, citing a breach of the October 25, 2022, order. The petition specifically called for the application of the 'doctrine of necessity' to address Google's purported violation and requested a stay on the implementation of the user choice billing system until the investigation concludes.
It's worth noting that in October 2022, the CCI imposed a substantial penalty of Rs 936.44 crore on Google, citing the abuse of its dominant position in the policies governing its Play Store.
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