All eyes are now on the National Company Law Appellate Tribunal (NCLAT), where the scene of anti-trust battle has shifted in the Android case, following the Supreme Court’s directions in its landmark January 19 order. The Appellate Tribunal will hear Google’s appeal in the CCI’s Android ruling on February 15-17, sources familiar with the developments said.
The final hearing on the Google’s appeal in the Android case will be before the NCLAT Principal Bench comprising Ashok Bhushan, Chairperson and Alok Srivastava, Member (Technical). As per Supreme Court directions, NCLAT will have to give its ruling before March 31.
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On Wednesday, NCLAT Bench is also expected to decide on three impleadment applications — Epic Games, MapMyIndia and OSlabs Technology —to Google appeal. Already two cross appeals —Micromax and Karbonn have been withdrawn.
It maybe recalled that Google had on January 24 this year filed an application before the NCLAT seeking an expedited hearing in the Android matter to ensure its timely disposal in line with the directions of the Supreme court.
While declining to interfere with the NCLAT order of January 4 in the CCI’s Android ruling, the Supreme Court had on January 19 in its ruling directed the Appellate Tribunal to dispose of Google’s appeal by March 31.
The SC had declined to grant stay on the ten non-monetary directions issued by Competition Commission of India (CCI) in its October 20 ruling last year. The apex court had, however, extended the period of compliance on CCI’s ruling on Android matter by another week, and this expired on January 26.
NCLAT, had on January 4, in the Google appeal matter declined to give an interim stay against the CCI ruling of October 20 last year and agreed to admit appeal on pre-deposit of 10 per cent of overall penalty of ₹1,337 crore. Google went in appeal before SC against this NCLAT order that refused an interim stay.
Google contended that NCLAT had erred in summarily rejecting its request for a stay on the ten non-monetary directions (Remedial Directions) on an inadequate and unjustifiable reason. Tech giant had contended that the Tribunal had erred in making the admission of the Google’s NCLAT appeal against the Commission’s Order subject to a pre-deposit amount.
The competition panel had on October 20 last year, in its Android ruling, imposed a penalty of ₹1,337 crore on Google and issued ten non-monetary directions to the tech giant for its anti-competitive conduct in various markets in the Android ecosystem.