New Delhi: The Competition Commission of India (CCI) filed an appeal in the Supreme Court in opposition to the judgement of the National Company Law Appellate Tribunal (NCLAT) concerning Google misusing its dominant position and imposition of Rs 1,388 crore penalty on the US tech giant by the CCI.

The appeal was registered on June 5, as per the Supreme Court, as per the Supreme Court’s website, however, the case is yet to be numbered as the registry has found and raised some technical defects in the plea.

What was the matter?

The Appellate tribunal’s judgment from March 2023, upheld CCI’s order against the tech giant holding that it had misused its dominant position.

Nevertheless, the NCLAT held the following aspects in Google’s favour.

On the other hand, Google was fair in sending warnings to its users at the time they download any application directly from an unknown source. The search engine need not share its proprietary Application program Interface (API) with third parties.

With this, the tribunal also held that CCI must do an analysis of the effects of a discriminatory condition in an agreement or ant-competitive practices in order to meet the objective of the Competition Act.

The NCLAT sustained CCI’s order on penalty in March 2023.