The Supreme Court admitted a batch of appeals filed by Google, the Competition Commission of India (CCI), and the Alliance of Digital India Foundation (ADIF) challenging the National Company Law Appellate Tribunal’s (NCLAT) final judgment dated March 28, 2025. These appeals stem from proceedings concerning Google’s billing policies on the Play Store, particularly its requirement that app developers use the proprietary Google Play Billing System (GPBS) for in-app purchases.
The matter originally arose from a 2022 order of the CCI which found Google guilty of abusing its dominant position under various provisions of Section 4 of the Competition Act, particularly by mandating GPBS. The CCI imposed a penalty of ₹936.44 crore, calculated at 7% of Google’s Indian turnover. While the NCLAT upheld some of the Commission’s findings, it overturned several key conclusions and reduced the penalty.
Among the findings rejected by NCLAT were the CCI’s conclusions that GPBS resulted in denial of market access under Section 4(2)(c), impeded technical development under Section 4(2)(b)(ii), and that waiving service fees for YouTube amounted to discriminatory pricing under Section 4(2)(a)(ii). However, the Tribunal upheld findings that Google had imposed unfair conditions under Section 4(2)(a)(i) and had leveraged its dominance in one market to protect its position in another under Section 4(2)(e).
Google has challenged the adverse findings, while the CCI and ADIF have contested the reversal of key conclusions and the reduction in penalty.
A Bench comprising Justices P.S. Narasimha and A.S. Chandurkar admitted all appeals and directed that the matter be listed for final hearing in November 2025. The upcoming proceedings are expected to address pivotal issues concerning the scope of effects-based analysis under Indian competition law, standards for identifying unfair and discriminatory practices, and the regulatory framework governing digital markets.
Appearances:
Senior Advocates Sajan Poovayya and Ritin Rai appeared for Google. Teams from AZB & Partners, including Vijayendra Pratap Singh, Sayobani Basu, Shubhangni Jain and Ankitesh Ojha, and from Chandhiok & Mahajan, including Advocates Karan Chandhiok, Deeksha Manchanda, Tarun Donadi and Bhavika Chhabra, briefed them. Senior Advocate Balbir Singh appeared for the Competition Commission of India. Senior Advocate Jayant Mehta, with Advocate Abir Roy, appeared for the Alliance Digital India Foundation (ADIF).