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Informist, Friday, Aug. 8, 2025

NEW DELHI – The Supreme Court Friday admitted appeals by the Competition Commission of India, Google Inc., its related companies, and Alliance Digital India Foundation against the National Company Law Appellate Tribunal's March order to uphold some findings of the Competition Commission of India that Google abused its dominant position in its Play Store policy. The apex court will hear the appeal against the appellate tribunal order in November.

In 2022, the competition watchdog had imposed a penalty of INR 9.36 billion against Google and its companies for abusing their dominant position in multiple markets in the Android mobile device ecosystem following a petition by Alliance Digital India Foundation. In March, the appellate tribunal reduced the penalty imposed by the Competition Commission of India against Google Inc. and its related companies to INR 2.17 billion and further rejected some findings of the antitrust body's order. 

However, the appellate tribunal upheld the competition regulator's finding that Google imposed unfair conditions on application developers by requiring the use of its Play Billing System for paid apps and in-app purchases as a condition for access to the Play Store. The tribunal noted that developers had previously used various payment mechanisms, and mandating Google's billing system amounted to discrimination by restricting their ability to choose alternative payment options.

The appellate tribunal agreed with the competition watchdog's view that Google was found to be leveraging its dominance in the market for licensable mobile operating system and app stores for Android operating system, to protect its position in the market for Android in-app payment processing in violation of the provisions of Section 4(2)(e) of the Competition Act, 2002.

Further, the appellate tribunal upheld the Competition Commission's directions that asked Google to allow and not restrict app developers from using any third-party billing or payment processing services, either for in-app purchases or for purchasing apps. The appellate tribunal noted Google should also not discriminate or otherwise take any adverse measures against such apps using third-party billing or payment processing services, in any manner. 

Google should not impose any anti-steering provisions on app developers and not restrict them from communicating with their users to promote their apps and offerings, in any manner, the appellate tribunal said. Google should also not restrict end users, in any manner, to access and use within apps, the features and services offered by app developers, it said. It also upheld the order by the competition watchdog asking Google to not discriminate against other apps facilitating payment through UPI in India vis-a-vis its own UPI app, in any manner.  End

Reported by Surya Tripathi

Edited by Subhojit Sarkar

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