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Which Parts of India’s Android Antitrust Order is Google Exempt from?

While NCLAT largely sided with the Competition Commission of India’s Android antitrust order, it set aside four of the changes that Google does not have to make.

Google Android Smartphone

India's competition regulator ordered Google to make ten significant changes to its Android policies in an antitrust order issued last October. Google appealed the order with the National Company Law Appellate Tribunal (NCLAT). The tribunal, on March 29, issued its decision largely siding with the Competition Commission of India (CCI) and upholding the antitrust order, but set aside four of the changes the regulator ordered. Why does this matter: While much of the CCI order was retained as is, Google has scored a partial victory in some important areas. Moreover, Google could also see a similar reprieve in the Play Store antitrust order, which is still under review by NCLAT. What changes is Google not required to make? Allow listing of other app stores on Play Store: Google was ordered to allow the developers of app stores to distribute their app stores through Play Store. NCLAT found this direction bearing no relation to the abuse alleged in the order. "It is a common business practice that for showcasing any product in the Mall, the entity, who is running the Mall, is fully entitled to put some terms and conditions for showcasing any product in the Mall. Similarly, Google has its own terms and conditions for distributing Apps prepared by App developers through its Play Store. It is neither argued, nor found by the Commission that there is any abuse of dominance by Google in distribution of Apps by developers through its Play Store," NCLAT reasoned before setting aside the direction. No restrictions on…

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