Delhi High Court Issues Notice On Google’s Appeal Challenging Single Judge Order Directing CCI To Consider Applications Against New Payment Policy

The Delhi High Court on Wednesday issued notice on the appeal filed by Google’s parent company Alphabet Inc against a single judge order directing the Competition Commission of India to take up the applications moved by an alliance of start-ups against tech giant’s new in-app user choice billing policy and consider the same on or before April 26.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad listed the matter for hearing on July 19. The appeal has been filed against the order of Justice Tushar Rao Gedela who disposed of a plea moved by Alliance of Digital India Foundation, against Google’s new policy. The plea also sought direction on the tech giant to keep the same in abeyance till the issue is adjudicated by Competition Commission of India.“There is no impediment, legal or otherwise, in directing the CCI to take up the applications under Section 42 of Competition Act as filed by the petitioner for hearing and considering the same in accordance with law on or before 26 April, 2023. It is made clear that the observations made herein are only to the extent of deciding the present lis before this court and shall not tantamount to any expression on the merits of the case and the same is therefore, without prejudice to the rights and contentions of all parties to be taken at the appropriate proceeding,” Justice Gedela had said.The single judge also observed that the proceedings before the Competition Commission of India would not be vitiated due to vacancy or any defect in its constitution.“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 to adjudicate the complaints or other proceedings pending before it. Any interpretation, other than the aforesaid, would render the provisions of Section 15 otiose and which could not possibly be the intention of the Legislature either,” it had added.Also Read: Proceedings Before Competition Commission Of India Won’t Be Invalidated Due To Vacancy Or Defect In Its Constitution: Delhi High Court

Delhi High Court Issues Notice On Google’s Appeal Challenging Single Judge Order Directing CCI To Consider Applications Against New Payment Policy

Nupur Thapliyal

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