Google To Move SC Against The NCLAT Order After Paying INR 1,338 Cr Penalty

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In 2018, the Competition Commission of India (CCI) had imposed a fine of INR 1,338 crore on Google for violating anti-trust laws by abusing its dominant position in the Indian market to promote its own services over those of competitors. After a two-year legal battle, in April 2021, the National Company Law Appellate Tribunal (NCLAT) upheld the CCI’s order and directed Google to deposit 10% of the penalty amount, INR 133.8 crore, with it within four weeks. Google subsequently paid the penalty amount and challenged the NCLAT order in the Supreme Court. In its appeal, the company has sought a stay on the NCLAT order and requested that the case be heard by a larger bench of the Supreme Court. Google has argued that the NCLAT’s interpretation of the law was flawed and that it had not engaged in any anti-competitive conduct. The case is being closely watched as it has significant implications for other technology companies operating in India. The CCI has launched several investigations into alleged anti-competitive practices by technology giants such as Amazon, Flipkart, and Facebook, among others.

In 2018, the Competition Commission of India (CCI) had imposed a fine of INR 1.36 billion ($21.17 million) on Google for alleged search bias and abusing its dominant position in the Indian market for online search advertising. Google had appealed against the decision before the National Company Law Appellate Tribunal (NCLAT), which upheld the CCI’s order in 2020. Google had paid a part of the penalty amount, INR 1.36 billion, to the CCI in 2018 but had not paid the remaining amount. In April 2021, the Supreme Court of India had allowed Google to deposit the remaining penalty amount of INR 1.34 billion with the NCLAT within six weeks, failing which the company would be held in contempt of court. In May 2021, Google paid the remaining penalty amount of INR 1.34 billion to the NCLAT, as per media reports. However, the company announced its intention to appeal against the NCLAT’s order in the Supreme Court of India. The appeal was reportedly filed in July 2021, but no updates on the matter have been reported since then.