Delhi HC Seeks Response From Google on WinZo Suit

Delhi HC Seeks Response From Google on WinZo Suit
Photo: 23.09.2022 70

The Delhi High Court has ordered Google to file a response after noting that WinZo's submission that the Play Store policy allowing only daily fantasy sports(DFS) and rummy apps on the app store amounts to unfair trade practices, reported The Economic Times.

Earlier this month, Google said that it would allow these two categories of real money games on its app store in a year-long pilot project starting from 28 September.

The next hearing is on December 6, so as of now there's no restriction on Google going ahead with the pilot programme on 28 September, Abhishek Malhotra, who is the counsel on record for WinZo told ET.

“Google has been asked to respond to the two main contentions raised: what basis have they made this distinction (between DFS and rummy and other real money games) and hence does it amount to unfair trade practice. The second is whether they can make this distinction as an intermediary,” 

he said.

The matter was heard in the Delhi High Court on Thursday. Senior Counsel for WinZo Amit Sibal said that there was an obligation upon Google Play Store as an intermediary not to control the transmission that is going on its platform. Selectively allowing only DFS and Rummy apps while leaving out other real money games like chess, 8-ball pool and carrom made this policy unfair and discriminatory.

“The matter raises important and interesting issues for determination, including whether or not a private entity can discriminate against another private entity in an unfair manner, whether or not an intermediary can act in a manner that seems to be in breach of principles of net neutrality, the interpretation of Section 79(2) and what constitutes an actionable unfair trade practice,” 

said Abhishek Malhotra.

A Google spokesperson did not respond to ET’s email seeking comment on the matter.

Source: The Economic Times

digital markets  India 

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