Google : Unilateral termination of developer account by Google without reasons - No Abuse of Dominant Position
Competition Commission of India Dismisses Allegations Against Google for Abuse of Dominance. Liberty Infospace's Case Closed as CCI Finds No Prima Facie Contravention of Competition Act by Google
The Competition Commission of India (CCI) has dismissed allegations made by Liberty Infospace Pvt. Ltd. against Alphabet Inc., Google LLC, and Google India Private Limited, collectively referred to as Google, for abuse of dominant position. The case, which was heard by the CCI, involved claims of unilateral termination of Liberty Infospace's developer account on the Google Play Store without specific reasons and a lack of redressal for appeals.
The judgment, delivered by Chairperson Ms. Ravneet Kaur and Members Mr. Anil Agrawal, Ms. Sweta Kakkad, and Mr. Deepak Anurag, concluded that there was no contravention of Section 4 of the Competition Act, 2002. The CCI found that Google's policies, including its "relational ban policy," appeals process, and the combination of automated and human intervention, were reasonable and non-discriminatory. Liberty Infospace's submissions regarding its lack of material connection with the alleged violator, Shri Dakshay Sanghvi, were found to be factually incorrect.
The Commission noted that Google's explanation for its actions and policies appeared reasonable, and the appeals process was consistent with global practices. The CCI also confirmed that the same redressal process is available across jurisdictions, except for the European Union due to specific legal requirements there.
As a result, the CCI ordered the information to be closed under Section 26(2) of the Act, rejecting Liberty Infospace's request for interim relief under Section 33. Additionally, the CCI granted Google's request for confidentiality over certain documents submitted during the proceedings, in accordance with Regulation 36 of the Competition Commission of India (General) Regulations, 2024, for a period of three years.
Bottom Line:
Abuse of Dominant Position - Allegations of unilateral termination of developer account by Google without specific reasons and failure to redress appeals against the same - Competition Commission of India found no contravention of Section 4 of the Competition Act, 2002.
Statutory provision(s): Section 4, Section 26(2), Section 33 of the Competition Act, 2002; Regulation 36 of the Competition Commission of India (General) Regulations, 2024; Section 57 of the Act.
Liberty Infospace Pvt. Ltd. v. Alphabet Inc, (CCI) : Law Finder Doc id # 2789689
