In a set-back to US technology giant Google, the Supreme Court on Thursday asked it (Google) to deposit 10 per cent of the Rs 1338 crore fine imposed on it by the Competition Commission of India (CCI) within one week while refusing to interfere with January 4, 2023 order of the National Company Law Appellate Tribunal’s (NCLAT).

The NCLAT by its January 4, 2023, order, while refusing to stay the Rs 1338 crore penalty imposed by the CCI, had directed the US technology giant to deposit 10 per cent of the fine amount (Rs 134 crore) within three weeks – by January 19, 2023. CCI had punished Google for practicing an anti-competitive Android mobile phone system.

Refusing to interfere with the NCLAT order, a bench comprising Chieh Justice DY Chandrachud, Justice Pamidighantam Sri Narasimha and JB Pardiwala asked the NCLAT to hear and decide technology giant Google’s plea against the CCI  penalty by March 31, 2023.

Earlier the NCLAT had posted for hearing Google’s appeal against CCI order  on April 3, 2023.

The bench also said that the order of the Competition Commission of India cannot be said to be without jurisdiction or suffering from any error.

The top court order came after hearing Google’s appeal against the NCLAT order, which lasted for over two hours, in which senior advocate Abhishek Manu Singhvi assailed the CCI order on several counts including questioning its jurisdiction.

Singhvi had appeared for Google.

However, they were countered by Additional Solicitor General N. Venkatarama, who sought to draw distinction between the response of the google before the European authorities and those in India.

The top court was hearing an appeal of Google India against the order of the National Company Law Appellate Tribunal (NCLAT), refusing to stay a Rs 1,337.76 crore penalty imposed on the technology giant by the Competition Commission of India (CCI) for alleged anti-competitive practices.

NCLAT had also directed Google to deposit 10 per cent of the Rs 1337.76 crore fine amount within three weeks.

NCLAT by its January 4, 2023, order had said that the CCI order was passed in October 2022, while the appeal by Google was filed only in December 2022 and hence, no case for interim relief was made out.

Since no urgency was shown in filing the appeal, Google could not be allowed to insist on interim relief, the Tribunal had said.

The CCI had, in October 2022, imposed the penalty on Google for abusing its dominant position in multiple markets in the Android mobile device ecosystem and also directed Google to cease and desist from participating in anti-competitive practices.