NEW DELHI: Tech giant Google and its Indian arm have decided to move the Supreme Court to seek stay on Competition Commission of India’s (CCI’s) decision to impose a Rs 1,338-crore penalty on finding its practices relating to Android mobile devices unfair and anti-competitive.
Top lawyers working on the drafting of the special leave petition told TOI on Thursday that Google will challenge the National Company Law Appellate Tribunal’s (NCLAT’s) Wednesday order refusing to stay the CCI’s October 20 “legally untenable” order slapping the penalty after a“tainted investigation”.
The lawyers said the CCI order seriously breached the principles of natural justice as the investigation report on Google’s alleged unfair business practices as well as anti-competition tactics was a product of the complainant doubling upas the investigator, thus vitiating the findings against the tech major.
The special leave petition is likely to be filed in the SC within this week as the NCLAT on Wednesday refused to stay the CCI decision to impose penalty, which was based on its own investigation report, and directed Google to deposit 10% of the penalty amount within three weeks (by end of January).
The NCLAT has admitted Google’s appeal and posted its final hearing on April 3. The NCLAT bench of Justice Rakesh Kumar and Alok Srivastava said, “The appeal is admitted subject to a deposit of 10% of the penalty amount. So far as in the second part of the order, that is the penalty is concerned, the appellant is directed to deposit 10% of the penalty amount within three weeks. ”
One of the main grounds for non-grant of stay by NCLAT is that though the CCI had passed the order on October 20 last year, Google approached the tribunal after two months on December 20.
Top lawyers working on the drafting of the special leave petition told TOI on Thursday that Google will challenge the National Company Law Appellate Tribunal’s (NCLAT’s) Wednesday order refusing to stay the CCI’s October 20 “legally untenable” order slapping the penalty after a“tainted investigation”.
The lawyers said the CCI order seriously breached the principles of natural justice as the investigation report on Google’s alleged unfair business practices as well as anti-competition tactics was a product of the complainant doubling upas the investigator, thus vitiating the findings against the tech major.
The special leave petition is likely to be filed in the SC within this week as the NCLAT on Wednesday refused to stay the CCI decision to impose penalty, which was based on its own investigation report, and directed Google to deposit 10% of the penalty amount within three weeks (by end of January).
The NCLAT has admitted Google’s appeal and posted its final hearing on April 3. The NCLAT bench of Justice Rakesh Kumar and Alok Srivastava said, “The appeal is admitted subject to a deposit of 10% of the penalty amount. So far as in the second part of the order, that is the penalty is concerned, the appellant is directed to deposit 10% of the penalty amount within three weeks. ”
One of the main grounds for non-grant of stay by NCLAT is that though the CCI had passed the order on October 20 last year, Google approached the tribunal after two months on December 20.
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