High Court in India Considers Petitions Challenging NCLAT Decision in Google Play Store Monopoly Violation Case
The legal battle between Google and the Competition Commission of India (CCI) over allegations of abuse of dominance in the Android ecosystem is set to continue, with the Supreme Court of India set to hear the case in November 2025.
The controversy arose from a CCI investigation launched in November 2020 into Google's billing practices on the Play Store. The CCI concluded in October 2022 that Google abused its dominant position by mandating the use of Google Play Billing System (GPBS) for app purchases, fining Google ₹936.44 crore and directing it to cease anti-competitive practices.
However, the National Company Law Appellate Tribunal (NCLAT) overturned several "ex-ante" or preventive directions imposed by the CCI, including obligations based on Google's designation as a "gatekeeper". The NCLAT partially upheld the antitrust regulator's findings that Google abused its dominance in the Android ecosystem, but also reduced the penalty to ₹216.69 crore, limiting it to Play Store-specific revenues.
Google was accused of abuse of dominance by imposing unfair Play Store policies and promoting its own payments app, Google Pay. In response to the NCLAT's May 1 clarification, Google moved the Supreme Court, objecting that it amounted to a review.
The Supreme Court will examine multiple issues, including the extent of Google’s dominance, the legality of its mandatory billing policies on the Play Store, the promotion of Google Pay, use of billing data, and the calculation of penalties. The outcome of these appeals is expected to significantly impact India’s digital market competition, affecting app developers, consumer choice, and platform control.
Senior Advocate Balbir Singh represented the CCI, with a team of other advocates, while Senior Advocates Sajan Poovayya and Ritin Rai represented Google in the Supreme Court. The Alliance Digital India Foundation (ADIF) was represented by Senior Advocate Jayant Mehta.
In a May 1 clarification, the NCLAT reinstated two directions which required Google to disclose data policies and refrain from leveraging billing data for competitive advantage. However, Google disputes this reinstatement, calling it an impermissible review. The NCLAT set aside CCI's conclusions on denial of market access and restriction of innovation, noting that Google's billing services accounted for less than 1% of total UPI transactions and holding that there was insufficient evidence of foreclosure or restriction on technical development.
The NCLAT ruled that such forward-looking measures exceeded CCI's powers under the current ex-post competition law framework, citing the 2024 Digital Competition Law Committee Report. The Supreme Court of India has admitted appeals by Google, the CCI, and ADIF against the NCLAT's ruling. A Bench of Justices PS Narasimha and AS Chandurkar listed the matter for hearing in November.
[1] Business Standard, "Google challenges NCLAT order in Supreme Court, seeks to quash penalty", 2023. [2] Economic Times, "Google appeals against NCLAT order in Android abuse case to Supreme Court", 2023. [3] Livemint, "Google challenges NCLAT order in Supreme Court", 2023. [4] Financial Express, "Google's appeal against NCLAT ruling on Android abuse case admitted by Supreme Court", 2023. [5] Hindustan Times, "Google's appeal against NCLAT order on Android abuse case admitted by Supreme Court", 2023.
The legal dispute surrounding Google's alleged abuse of dominance in the Android ecosystem, involving the usage of Google Play Billing System (GPBS) and its impact on app developers, consumer choice, and platform control, will be further evaluated by the Supreme Court of India in November 2025. This review will encompass issues such as the extent of Google’s dominance, the legality of its mandatory billing policies on the Play Store, and the promotion of Google Pay, among others.
