NEW DELHI, June 26 – According to two sources, Google (GOOGL.O) has asked the Supreme Court of India to overturn antitrust orders that have been issued against the company for alleged misuse of its position in the Android market. This comes as the company continues its legal struggle against the competition watchdog in one of its most significant countries.
Google was accused of abusing its dominating position in October by the Competition Commission of India (CCI), which stated that the company’s Android mobile operating system, which is used on 97% of the 600 million cellphones in India, had been abused.
It ordered Google to remove limits imposed on device makers, including those linked to the pre-installation of apps, and it penalized the American company $163 million, which it paid. Additionally, it ordered Google to remove restrictions imposed on device makers related to the pre-installation of apps.
An Indian court granted the Alphabet Inc. (GOOGL.O) subsidiary some measure of relief in March by overturning four of the 10 instructions that were issued in the case.
The tribunal determined that the CCI’s conclusions regarding Google’s anti-competitive behavior were accurate; nevertheless, it provided Google with some relief by overturning some of the directions that required the company to modify its business model.
According to the first source with firsthand knowledge of the matter, Google has now submitted a petition to the Supreme Court asking it to overturn the remaining instructions.
According to the source, Google is also contending in its filing that it has not misused its market position and hence should not be required to pay a penalty. This information was provided on Monday.
In a statement, Google announced that it has filed an appeal with the Supreme Court. The company also stated that it was looking forward to presenting its case to the court and illustrating how Android benefited users as well as developers.
Google stated, in its explanation of the rationale behind its most recent appeal, that the Indian panel had held that authorities must prove harm caused by anti-competitive behavior “but did not apply this requirement” to several of CCI’s Android directives.
It has not been previously disclosed that Google will be challenging the decision of the Supreme Court.
According to a third source, the Competition Commission of India (CCI) has also filed a petition with the Supreme Court in an effort to overturn the judgment of the tribunal to provide Google with partial relief. A request for comment from the CCI was not met with a response from the organization.
Google has been particularly concerned about India’s decision on Android because the directives were perceived as being more comprehensive than those enforced in the historic ruling against the operating system that the European Commission issued in 2018 against Google.
In the months that followed the directive, Google made extensive changes to Android in India, including allowing device makers to license specific apps for pre-installation. These changes were made possible as a result of the regulation.