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Google plans to challenge ‘faulty’ CCI fines

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Google plans to appeal against the two orders from India’s Competition Commission (ICC), which recently fined the US tech giant a total of `2,274 crore. The company has identified three grounds on which it believes the antitrust regulator’s judgment is wrong, sources familiar with the development said. ICC orders can be challenged in the National Company Law Appellate Tribunal.

The first ground on which Google finds the order defective is the nature of the fine, which it considers criminal rather than symbolic. The TCC’s assumption is that the company engaged in anti-competitive business practices with dishonest intent. “There were no breaches by Google of established laws. Nevertheless, if the ICC found its practices to be anti-competitive, a nominal fine could have been imposed under the provisions of the competition laws. However, the nature of the fine imposed by the ICC is criminal, which is only imposed in cases of dishonest intent,” the sources said.

The second reason Google considers relates to patent laws, which it says were abandoned in this case. “Android is a patented product of Google. Under patent laws, the company has the right to set limits on the use of open source versions to ensure the overall security of the ecosystem,” the sources said.

The third reason is the absence of evidence from all stakeholders such as consumers. “The order is based on evidence provided by app developers and manufacturers who use the open source versions, but users who feel a uniform experience across devices are also stakeholders and their perspective should have been taken into account,” sources said. . EF

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