Google to NCLAT: CCI remedies lack analysis, inconsistent with infringement findings

Concluding its submissions in the Android complaint, Google submitted to NCLAT on Wednesday that the “remedial measures” ordered by the competition regulator are inconsistent with the infringement findings and have no basis in any analysis conducted by the Commission.

On the eighth day of filings before NCLAT, Google consultant Arun Kathpalia said CCI could not have directed Google to list third-party app stores through the Play Store because it was an ultra vires directive. Section 27 requires a finding/breach before an order can be issued and there was no such finding, it has been filed.

Google has a strict security mechanism in place to ensure that apps listed on the Play Store are not malicious or pose a risk. Allowing third party app stores will open Android to malicious apps listed in unsecured third party app store has been submitted.

Also read: BL Explainer. Android case: The story so far in CCI’s epic anti-trust battle against Google

Similarly, Google claimed that the CCI policy to allow side loading was an ultra vires policy as Section 27 requires a finding/violation before an order can be issued, and there was no finding on that front.

CCI could not have allowed sideloading without warning users, Google added. It’s been argued that Apple won’t allow side loading either — allowed from October 2023.

CCI itself has acknowledged that loading from the App Store side or apps carries the risk of malware (related to Play Store dominance), Google added.

Also, CCI erroneously stated that Google cannot deny access to its Play Service APIs to disadvantage OEMs, app developers and its existing potential competitors.

Google’s attorney also provided reasons why CCI could not have instructed Google not to restrict uninstallation and also presented arguments to show why CCI could not have instructed Google to unbundle apps.

CCI Advisor N Venkatraman, Additional Attorney General of India, will begin presenting arguments from the CCI side on Thursday.