Karnataka High Court denies Google access to identity of developers who provided CCI evidence of harm by Play Store policies

A single-judge bench of Justice Krishna S Dixit took on record the joint memo filed by the parties–Google, Competition Commission of India and Alliance of Digital India Foundation (ADIF), Live Law reported.

The CCI had in November 2020 had ordered a probe into Google Play Store’s payment system for paid apps and in-app purchases.

Google has made it mandatory for the developers to use only Google Play Store’s payment system, which the commission views prima facie as unfair as it restricts the ability of app developers to select a payment processing system of their choice.

On December 27, Google approached the court seeking more time to respond to the questions from the CCI related to the mandatory use of its Play Store’s payment system.

On October 11, ADIF had approached the CCI seeking interim relief against the implementation of the Google Play Store commission till the investigation into the tech giant’s abuse of dominance is complete, Money Control.

Google had also asked CCI to provide it the identity of app developers and startups that had given evidence of allegedly suffering harm from these guidelines through the ADIF plea.

In the application, ADIF provided the detailed names of app developers affected by this policy.

The CCI then directed Google to submit its response in this connection by November 19. However, Google sought eight weeks to submit its response but the request was rejected by CCI and ordered it to respond by December 31, 2021.

The anti-trust regulator also rejected Google's request for access to the identity of app developers and startups that had given evidence of allegedly suffering harm from these guidelines through the ADIF plea.

On January 5, the CCI told the Karnataka High Court that its investigation arm Director General (DG) has assured that they will complete the ongoing probe on Google within 60 days.

Senior Advocate Gopal Subramanium, appearing for Google, argued that the interim relief sought by AIDF was unnecessary as the firm has already they have extended the deadline by seven months for app developers to integrate with its Play billing system in India to October 31, 2022, and there is no urgency on this matter.

CCI's counsel Additional Solicitor General N Venkataraman suggested that the judge can take the final hearing into account as the investigation itself will be completed.

On January 5, the single-judge bench of Justice Krishna S Dixit directed the parties to file a joint memo for the disposal of the petition.

The court said that AIDF will have the option to file a fresh petition to seek relief in case the need arises.

According to Live Law, the memo states that "Petitioners (Google India) will continue to cooperate in the investigation by the Director-General in the pending Matters. The Petitioners will not give effect to the Google Play Billing Policy Clarification until 31/10/2022, in compliance with their assurance to this Hon'ble Court.In the light of the above, the Interim Relief Application filed by Respondent No. 2 under Section 33 of the Act in Case No. 14 of 2021, may be closed by this Hon'ble Court, reserving liberty to Respondent No 2 to file fresh interim application(s), if the need so arises."

Meanwhile, the CCI ordered a fresh probe against Google over alleged abuse of dominant position in news aggregation, following a complaint filed by the Digital News Publishers Association (DNPA), Money Control reported.

CCI has ordered several other investigations against Google. One of them is in over allegations of abuse of dominance in Google's Android and its smart TV business alleging .

In 2018, CCI had slapped a fine of Rs 135.86 crore for "search bias" and abusing its dominant position in online general web search and web search advertising services in the country.