Delhi HC disposes startups’ plea on Google Play billing; CCI sets hearing on Feb 21

KR Srivats Updated - February 17, 2024 at 09:22 AM.

Competition Commission to Assess Startups’ Grievances Next Wednesday Amidst Google Play Billing Battle

A Single Judge of the Delhi High Court on Friday, disposed of a plea moved by startups’ seeking direction to the Competition Commission of India (CCI) for an early hearing of their nearly year old complaint against tech giant Google.

The Alliance of Digital India Foundation (ADIF), an industry body representing the Indian Startups and App Developers, had moved the Delhi High Court alleging “inordinate delay in adjudication” by the CCI in the Google Play Billing matter.

This latest Delhi High Court move follows the CCI Counsel on Friday, informing the Single Judge Subramonium Prasad, that CCI has now fixed February 21, as the date for hearing the startups’ complaint. 

In light of the latest CCI submission, the Delhi High Court on Friday also disposed of a common writ petition moved by the Indian Broadcasting & Digital Foundation and Indian Digital Media Industry Foundation. Both these organisations, had alleged CCI’s inaction against Google and continued delay in hearing of complaints on this big tech’s anti-competitive practices.

The startups’, had in their petition, before the Delhi High Court, contended that Google continues to violate each of the remedy measures issued by the CCI, which is not only contemptuous but also has a distortionary  effect on the entire app developers market. 

It added that the market issues are left non-adjudicated and the app developers are unheard on their interim application, which relates to Google’s anti competitive and contemptuous Payment Policy relating to Google Play Billing System (GPBS), User Choice Billing (UCB) System and Consumption Based model. 

Faced with complaints of “inaction” and “inordinate delays”, the Competition Commission is now faced with increased pressure to act on the Startups’ complaint against Google and also adjudicate on all cases involving other big tech such as Amazon, Meta and Flipkart.

Around a dozen domestic startups, had recently moved the Supreme Court in appeal against the Madras High Court’s order of January 19, 2024, which dismissed startups’ appeal against the Single Bench order that dismissed petitions by 14 startups against Google’s UCB.

While refusing to grant any interim protection to startups on the matter, the Supreme Court, has however issued notice to Google. SC will now hear the Special Leave Petitions (SLPs) on March 19 this year. 

Close on the heels of domestic startups knocking the SC doors against CCI’s alleged inaction against their complaint on Big Tech, retail traders’ body CAIT had shot off a letter to the competition watchdog, seeking urgent immediate steps in the long pending Delhi Vyapar Mahasangh case involving anti-competitive practices of Flipkart and Amazon. 

Published on February 16, 2024 09:59

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