Android dominance: SC rejects Google plea over Rs 1,337 cr penalty

New Delhi: In a setback to Google, the Supreme Court on Thursday endorsed the order of the National Company Law Appellate Tribunal (NCLAT) declining to grant an interim stay on the imposition of a penalty of Rs 1,337 crore on the US tech giant by the competition regulator for allegedly abusing its dominant position in the Android mobile device ecosystem. The top court said at the interlocutory stage, it would suffice to say that the findings of the Competition Commission of India (CCI) against Google were neither without jurisdiction nor suffering from any manifest error warranting its interference.

A bench headed by Chief Justice DY Chandrachud granted a week's time to the US firm to deposit 10 per cent of Rs 1,337 crore penalty imposed on it by the CCI. The bench, which also comprised Justices PS Narasimha and J B Pardiwala, asked the NCLAT to decide Google's appeal against the competition regulator's order by March 31 this year after charting out the time schedule for the hearing.

"It is suffice to note that the findings which have been arrived at by CCI cannot be held, at the interlocutory stage, to be either without jurisdiction or suffering from a manifest error which would have necessitated interference at the interlocutory stage," it ordered. The bench, which gave reasons for its order, said, "...while we are not inclined to interfere with the impugned order of the NCLAT, we would request the appellate tribunal (NCLAT) to dispose of the appeal (of Google) by March 31." It directed the parties to move the NCLAT with the certified copy of its order within three working days.

"We request the presiding officer, the President of the NCLAT, to pass appropriate administrative directions indicating a time schedule for early disposal of the appeal on above terms," it said.