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Delhi High Court directs CCI to decide on ADIF’s complaint against Google by April 26

ADIF had earlier approached the HC asking it to direct CCI to look into Google’s User Choice Billing program which they found to be in non-compliance with CCI’s antitrust order

The Delhi High Court on April 24 ordered the Competition Commission of India (CCI) to take up and dispose of the application filed by the Alliance of Digital India Foundation (ADIF) against Google by April 26, 2023 (tomorrow). ADIF, which is an industry body representing a group of Indian startups, filed an application with CCI arguing that Google's User Choice Billing program for Play Store developers, which goes into effect from April 26, is not in compliance with the antitrust order issued by the competition regulator last October as Google continues to impose various restrictions on developers using third-party billing system including requiring them to pay a commission between 11% to 26%. CCI, however, hadn't taken up ADIF's complaint because of a lack of quorum. The commission only has two members at present, while it normally operates with three. The industry body then approached the Delhi High Court asking the court to direct CCI to look into the matter before the April 26 deadline for the new billing program. ADIF's counsel referred to past cases where CCI decided on matters even when there was a lack of quorum and requested the court to order CCI to do the same in this case or suspend User Choice Billing until CCI reviews the case. The court granted the former by directing CCI to adjudicate the issue immediately. "There is no impediment, whether legal or otherwise, in directing the CCI to hear the applications filed by the petitioner under section 42 and decide…

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