Delhi High Court Refused Urgent Hearing of Google’s Appeal Against Order Directing CCI to hear Start-Ups Application Against New Payment Policy

Delhi High Court Refused Urgent Hearing of Google’s Appeal Against Order Directing CCI to hear Start-Ups Application Against New Payment Policy

The Delhi High Court has refused to urgently hear an appeal filed by the tech-Google against the order passed by the single judge directing the Competition Commission of India (CCI) to hear applications moved by Indian startups against Google's user choice billing system.

Senior Advocate Sandeep Sethi appearing for Google mentioned the appeal before the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad.

Sethi sought urgent listing of the matter today and apprised the Court that the CCI is expected to hear the matter on 25 April, 2023 at 2:30 PM.

“The hearing is today at 2:30 PM and a decision is to be taken. There is a lack of quorum,” Sethi submitted.

On the contrary, the Counsel appearing for Alliance of Digital India Foundation said that the Letter Patents Appeal (LPA) has not been served upon them yet.

However, the Court refused to list the matter.

The Competition Commission of India (CCI) has summoned Google and Indian startups on April 25 to hear the latter's plea against the tech giant's new in-app user choice billing policy.

The appeal has been filed against the order passed by the single judge Justice Tushar Rao Gedela who disposed of a plea moved by Alliance of Digital India Foundation, against Google’s new policy. The plea further sought direction on the tech giant to keep the new payment policy on hold till the issue is adjudicated by the CCI.

While observing that proceedings before the CCI must not be vitiated due to vacancy or any defect in its constitution, the single judge had asserted that, “Merely because of a defect or a vacancy in the constitution of the CCI, the CCI cannot be considered as a statutory authority not having jurisdiction adjudicate the complaints or other proceedings pending before it. Any interpretation, other than the aforesaid, would render the provisions of Section otiose and which could not possibly be the intention of the Legislature either.”

Accordingly, the Delhi High Court refused to list the matter for 25 April, 2023, which meant that CCI could take up the hearing.