Google says CCI “copy-pasted” parts of EU order on Android abuse: Report

India’s anti-trust investigators copied parts of a European ruling against it for abusing the market dominance of its Android operating system, Google told an appeals tribunal in India according to a Reuters report.

The Competition Commission of India (CCI) in October had fined Alphabet Inc’s Google $161 million for exploiting its dominant position in markets such as online search and the Android app store, and asked it to change restrictions imposed on smartphone makers related to pre-installing apps.

Last month Google approached the National Company Law Appellate Tribunal (NCLAT) to challenge the CCI penalty.

Also read: Google on CCI order: ‘Major setback for Indian consumers’

Google charge

In its filing, Google argued that the CCI’s investigation unit “copy-pasted extensively from a European Commission decision, deploying evidence from Europe that was not examined in India”.

“There are more than 50 instances of copy-pasting”, in some cases “word-for-word”, and the watchdog erroneously dismissed the issue, Google said in its filing which has been reviewed by Reuters.

“The Commission failed to conduct an impartial, balanced, and legally sound investigation … Google’s mobile app distribution practices are pro-competitive and not unfair/ exclusionary.”

Reasons for appeal

Google said in a statement that it decided to appeal the CCI’s decision as it believes “it presents a major setback for our Indian users and businesses”. In the appeal, Google had challenged the findings as “patently erroneous” and ignoring “the reality of competition in India, Google’s procompetitive business model, and the benefits created for all stakeholders”.

It though did not comment on the copy-pasting allegations in its filing.

Also read: If data is the new oil, Google is monarch, but an uprising is happening

NCLAT direction

The NCLAT, however, on Wednesday declined Google’s request for an interim stay on an antitrust ruling that ordered the tech giant to change its approach to its Android platform. It further directed Google to deposit 10 per cent of the penalty, according to media reports.

According to reports, the next hearing on the matter of staying the fine on Google will take place on February 13. The final hearing will be on April 3.