No interim relief for Google since no urgency was shown in filing appeal: NCLAT lists matter for final hearing in April

The National Company Law Appellate Tribunal (NCLAT) on Wednesday refused to grant interim relief to Google in its appeal against an order of the Competition Commission of India (CCI) which imposed a penalty on the tech giant for abusing its dominant position [Google LLC v. CCI]..While refusing interim relief, the Bench noted that the CCI’s order was passed in October 2022, while the appeal by Google was filed only in December 2022.The tribunal opined that since no urgency was shown in filing the appeal, Google could not be allowed to insist on interim relief.“Once order was passed in the month of October, had there been any such urgency it was expected that the appellant would have approached this tribunal forthwith. However, in this case no such urgency was shown in filing of the appeal and as such the appellant may not be permitted to insist for interim order," the order stated. .The Bench of Justice Rakesh Kumar, member (judicial) and Dr Alok Srivastava, member (technical), however, listed the matter for final hearing on April 3 considering the urgency shown by Google for interim relief and taking into account the voluminous records and long order of the CCI."Since, urgency has been shown for passing interim order, keeping in view voluminous record and long impugned order, instead of passing any interim order, we are of the opinion that the appeal can be finally decided at the earliest. Accordingly, the appeal is directed to be listed in the month of April. Put up on April 3, 2023 for final hearing," the order said..On January 4, Bar & Bench had reported that the NCLAT would consider the plea for interim relief and stay on the CCI order on February 13. While this was stated during the hearing, the order copy which was made available later said that the matter would be heard finally in April, and hence, no interim order would be necessary. "We are of the opinion that at the moment, considering the voluminous nature of the appeal and the fact that date of final hearing is fixed on April 3, 2023 there is no need to pass any interim order," the Appellate Tribunal underlined..NCLAT also directed Google to deposit 10 per cent of the ₹1337.76 crore fine amount.“So far as in the second part of the order i.e. penalty is concerned, appellant is directed to deposit 10% of the penalty amount within three weeks. It should be in the nature of fixed deposit in the name of Registrar, NCLAT, New Delhi.”.CCI had, in October 2022, imposed the penalty on Google for abusing its dominant position in multiple markets in the Android mobile device ecosystem..Apart from imposing a monetary penalty, the CCI also directed Google to cease and desist from participating in anti-competitive practices and directed it to modify its conduct within a defined timeline.The competition watchdog said that Google's multiple agreements governing the rights and obligations of smart device original equipment manufacturers (OEMs) result in a significant competitive to the US tech giant..The underlying objective of Google in imposing various restrictions the agreements was to protect and strengthen its dominant position in general search services, and thus, its revenues via search advertisements, the Commission concluded.Google then moved the NCLAT. .Appearing before the NCLAT for Google, Senior Counsel Abhishek Manu Singhvi, contended that the CCI order is a "copy paste" of 2018 European Commission order which had fined Google 4.1 billion euros for allegedly imposing unlawful restrictions on Android mobile device makers."They have just copy pasted the European Commission order....By this order they are changing the status that has existed since 2005. For the last 17 years," Singhvi said..Senior Advocates Dr Abhishek Manu Singhvi, Arun Kathpalia, Maninder Singh and Advocates Toshit Shandilya, Hemangini Dadwal, Ravisekhar Nair, Parthsarathi Jha, Mohith Gauri, Atish Ghoshal, Deepanshu Poddar, Aditya Dhupar, Ketki Agrawal, Param Tandon, Bhaavi Agrawal, Thomas Bohnett, Aditi Gopalakrishnan, Aman Sharma, Bani Brar, Sayobani Basu, and Vanya Chhabra appeared for Google.The CCI was represented by Advocates Samar Bansal and Manu Chaturvedi.Senior Advocates Jayant Mehta, Mukul Rohatgi, Rajshekhar Rao, and Advocates Abir Roy, Soham Goswami, Vivek Pandey, Aman Shankar, and Sukanya Viswanathan, Naval Chopra, Ajit Warrier, Shally Bhasin, Yaman Verma, Ritwik Bhattacharya, Chandni Anand, Prateek Yadav, Parnita Kare and Abir Roy appeared for the impleaders..[Read Order]