New Delhi, April 25 (). Google has filed an appeal against the Delhi High Court’s single-judge order challenging Google’s new in-app billing policy to the Competition Commission of India (CCI) on an application by Alliance of Digital India Foundation (ADIF). Was. The single-bench has asked the CCI to decide on the application by April 26.
The appeal was mentioned by senior advocate Sandeep Sethi before a division bench of Delhi High Court Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad. He requested that the matter be listed on Tuesday.
The order was passed yesterday, Sethi told the court. CCI is scheduled on this at 2:30 pm today and the decision is to be taken today. CCI lacks quorum.
However, the bench declined to hear the matter on Tuesday.
Pronouncing the order on Monday, a single-judge bench of Justice Tushar Rao Gedela asked the CCI to decide on the application on or before April 26, which sought directions to the tech giant, till the CCI on the issue The decision is not taken by ,
There is no bar to direct the CCI to take up the application under Section 42 of the Competition Act filed by the petitioner for hearing and consideration in accordance with law on or before April 26, 2023, Justice Gedela said.
The court further clarified that the observations made herein are only to the extent of deciding the list presently before this Court and shall not be construed as any expression on the merits of the matter. Therefore, appropriate action will be taken without prejudice to the rights and arguments of all the parties.
Applications for interim relief are filed under Section 42 of the Competition Act, 2002, which empowers the Commission to pass orders against a party violating its orders.
Google’s new payment policy is going to be implemented from 26 April. According to the petitioners, Google’s new billing policy is just a new version of the Google Play billing system that gives app developers the freedom to choose a processor to make payments to third parties.
The petition states that despite using a third-party payment processor under the guise of a new billing policy, Google will charge the developer a service fee of only four per cent less.
Presently, there is no need to pay any commission for such transactions as GBPS is not used in such transactions, the petition said. When Google’s payment service is not used then 26 percent commission should not be taken by Google under any circumstances as it is unfair and arbitrary.
The petitioner states that app developers will have to pay almost the same amount even though they are not using GPBS.
The court was told that Google has decided not to introduce the new billing policy after the CCI completes the hearing and reserves the order on reserving the final order.
The CCI passed an order on 25 October 2022 directing Google not to impose any condition on app developers that is unfair, unreasonable or discriminatory for the services to be provided to them.
The plea has also sought a direction that the CCI apply the doctrine of necessity in the matter of initiating non-compliance proceedings against Google as a matter of law.
It added,..by applying the doctrine of necessity, the CCI has started approving proposed combinations in the interest of the market and the economy. Uniform standards and non-discriminatory approach should also be followed by the CCI to judge and deter information relating to anti-competitive conduct continuing in the market place.
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