India’s Supreme Court will hear Google’s challenge to the Android antitrust order in January

The Supreme Court of India will hear Google’s challenge to the Android antitrust order in January 2024, Bar and Bench reported on October 9.

“I will ensure that no other cases are listed then so that the matter is over in a couple of days,” Chief Justice of India DY Chandrachud said.

The tech giant in July 2023 filed an appeal at the Supreme Court against the order of the National Company Law Appellate Tribunal (NCLAT), which largely upheld the antitrust order issued by the Competition Commission of India (CCI) in October 2022.

“The NCLAT correctly found that harm for anti-competitive behaviour needs to be proven but did not apply this requirement to several of the CCI’s directions that it upheld. We look forward to presenting our case before the Supreme Court and demonstrating how Android has benefitted Indian users, developers, and OEMs, and powered India’s digital transformation,” a Google spokesperson said back in July.

CCI in its order, had imposed a hefty Rs. 1,338 crore penalty on Google and, more significantly, directed the company to make ten major changes to Android. Google appealed the order by NCLAT, which in March 2023 upheld most of CCI’s directions but set aside four of them. 

Notably, the CCI has also approached the Supreme Court to appeal the NCLAT’s decision to set aside four directions.

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The appeal at the Supreme Court is the last legal recourse for both Google and CCI, and the court’s decision on the matter could decide the future of Android in India.

Separately, the Play Store antitrust order, which Google is challenging separately, might also end up at the Supreme Court.

Timeline of events in the Android antitrust case

• April 16, 2019: CCI launches investigation into Google Android. [read more]
• October 20, 2022: CCI issues antitrust order directing changes to Android and imposing a penalty of ₹1338 crores. [read more]
• December 23, 2022: Google appeals CCI’s order with NCLAT and also asks for an interim stay while the tribunal hears the case. [read more]
• January 4, 2023: NCLAT refuses interim stay against CCI order. [read more]
• January 7, 2023: Google approached Supreme Court asking for an interim stay. [read more]
• January 18, 2023: Deadline for Google to make changes to Android as ordered by CCI.
• January 19, 2023: Supreme Court denies interim relief to Google from Android antitrust order, directs NCLAT to decide on appeal by March 31. [read more]
• March 29, 2023: NCLAT issues its decision largely siding with CCI and upholding the antitrust order but sets aside four of the changes the regulator ordered. [read more]
• June 5, 2023: CCI files appeal against NCLAT order at Supreme Court. [read more]
• June 26, 2023: Google files appeal against NCLAT order at Supreme Court
• January 2024: The Supreme Court is expected to hear Google’s appeal.

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