Google Billing Policy: NCLAT to Hear Appeals by Kuku FM, Shaadi, IBDF in July

Google Billing Policy: NCLAT to Hear Appeals by Kuku FM, Shaadi, IBDF in July
24.05.2024 323

Google, however, told the tribunal that it has not de-listed the apps from the Play Store and may not do so till the next hearing, which is July 5.

The National Company Law Appellate Tribunal (NCLAT) on May 24 deferred to July 5 the hearing of pleas against the Competition Commission of India's (CCI's) refusal to stay the contentious Play Store billing policy of tech giant Google.

The appeal has been filed by Kuku FM, Indian Broadcasting and Digital Foundation (IBDF) and Shaadi.com.

Senior advocate Rajshekar Rao and lawyer Abir Roy, who appeared for the app developers, told the NCLAT that Google had not de-listed the apps from the Play Store for non-acceptance of policy terms and status quo must continue till the next date of hearing. They urged the appellate tribunal to ask Google for an undertaking to this effect.

Appearing for Google, senior advocate Sajan Poovayya said the company won't give an undertaking. Google has not de-listed the apps from the Play Store to date and may not do so till the next hearing, he said.

The NCLAT said app developers could move the tribunal for urgent orders during the summer vacations if Google takes any adversarial steps.

In a March 20 order, CCI said app makers had failed to make a case for a grant of interim relief over restraining Google from collecting its fees.

"The informants (app makers) have also not been able to demonstrate as to how the impugned conduct would result in irreparable harm that cannot be remedied through monetary compensation. The Commission is also not persuaded that balance of convenience lies in favour of the Informants," 

the CCI said.

The order gave Google a free hand to delist the apps of Indian companies from the Play Store if they failed to adhere to the company's payment policy.

NCLAT will break for summer from June 1 to June 30.

Source: Moneycontrol

digital markets  India 

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