Friday, January 13, 2023

Google took shelter in National Company Law Appellate Tribunal and Tribunal admitted appeal of Google with direction to pay 10% of penalty

Grievance Status for registration number : DCOYA/E/2023/0000120

Grievance Concerns To

Name Of Complainant

Yogi M. P. Singh

Date of Receipt

07/01/2023

Received By Ministry/Department

Corporate Affairs

Grievance Description

Corporate Affairs >> Competition Commission of India >> Enforcement/Regulation of compliance of Competition Act, 2002,

An application under Article 51 A of the constitution of India. Which states as follows.

Fundamental duties It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem(h) to develop the scientific temper, humanism and the spirit of inquiry and reform

(i) to safeguard public property and to abjure violence

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

In April 2019, the regulator ordered a detailed probe into the matter following complaints by consumers of Android-based smartphones in the country. Android is an open-source, mobile operating system installed by Original Equipment Manufacturers (OEMs) of Smartphones and Tablets.

The allegations of unfair business practices pertained to two agreements -- Mobile Application Distribution Agreement (MADA) and Anti Fragmentation Agreement (AFA) -- which were entered into by the OEMs of Android OS with Google.

Please provide the progress report in regard to following points as you are running away from the issue concerning deep rooted corruption.


1- CCI slaps Rs 1,337.76 cr penalty on Google for unfair biz practices in the Android mobile device ecosystem. Please provide the status of the recovery of this penalty.


2- Provide a copy of the document exchanged from Google regarding the recovery of the imposed penalty.


3- Provide the name and designation of the staff executing the recovery of this penalty.

4- Please provide the measures taken to ensure transparency and accountability during the enquiry against Google.

5- It was checked that rivals of google are not wreaking vengeance because they could not succeed in the competition. If any such steps were taken, then provide details. For more details, vide attached document to grievance already sent to many dignitaries

Grievance Document

Current Status

Case closed

Date of Action

13/01/2023

Remarks

Pointwise reply is as under: 1. A demand notice dated 21.12.2022 directing party to deposit the penalty within 30 days of receipt of the notice has been issued to the party as the monetary penalty was not deposited within 60 days of the order as was stipulated. In between, vide order dated 04.01.2023, Honourable NCLAT admitted the appeal filed by the party subject to deposit of 10 percent of the penalty amount in the form of FDR in the Registry of the Tribunal. 2. No documents have been submitted by Google in relation to recovery of penalty. 3. Details of Officer executing recovery of penalty are as under: Secretary, CCI Mr. Rahul Ravindran, Recovery Officer Ms. Sunaina Dutta, Alternate Recovery Officer 4. The inquiry and investigations is conducted on the basis of Competition Act, 2002 and regulations framed thereunder (CCI (General) Amendment Regulations, 2022 dated 08.04.2022 available on the Commission’s website may be referred)). 5. Not relevant.

Rating

1

Poor

Rating Remarks

श्रीमान जी यह एक स्वागत योग्य कदम है कि आप द्वारा दिनांक 21 दिसंबर 2022 को गूगल को डिमांड नोटिस जारी किया गया जिसके अनुसार गूगल को 30 दिन के अंदर पेनाल्टी जमा करनी थी। Sir, it is a welcome step that you issued a demand notice to Google on 21 December 2022, according to which Google had to deposit the penalty within 30 days. गूगल के अपील को स्वीकार करते हुए अधिरोपित पेनाल्टी का 10 परसेंट जमा करने को कहा । श्रीमान जी जहां तक प्रार्थी का अनुभव है 10 परसेंट अभी जमा नहीं हुआ होगा। The penalty imposed by you was not deposited by Google within 60 days, but Google adopted another way to avoid the imposed penalty and was also successful. Google took refuge in the National Company Law Appellate Tribunal and the tribunal showed sympathy with it and passed an order on January 4, 2023, accepting appeal of the Google and asking it to deposit 10 percent of the imposed penalty. Sir, as far as the experience of the applicant is concerned, 10% would not have been deposited yet.

Officer Concerns To

Officer Name

PGO (PGO)

Organisation name

COMEPETITION COMMISSION OF INDIA

Contact Address

H.T. HOUSE 18-20 K.G. MARG NEW DELHI

Email Address

Contact Number

23704651