Google has moved the division bench of the Delhi High Court against the single bench order directing the Competition Commission of India (CCI) to decide on complaints challenging Google’s new Billing Payment policy by April 26.
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Google has filed an appeal in the Delhi High Court against a single-judge order directing the CCI to look into complaints filed by the Alliance of Digital India Foundation (ADIF), an industry body representing a group of Indian startups.
Delhi HC order: On Monday, Justice Tushar Rao Gedela had directed the CCI to consider the complaints by Wednesday (April 26), when Google’s new billing policy is scheduled to become operative.
The arguments were primarily around whether it was within the ambit of the law for the CCI to take the complaints up, given that the commission currently has only two members and is, therefore, lacking a quorum.
ADIF’s complaint: The body, which represents Indian startups such as Paytm, Matrimony, MapmyIndia and TrulyMadly, alleged that Google was engaging in anti-competitive conduct by implementing the new policy, and that it was taking advantage of the CCI lacking a quorum to look into the industry body’s complaints.
Under the system proposed by Google, app developers need to pay a commission of 11-26% to the US-based tech giant.
‘Ray of hope’: Post the HC verdict, ADIF had said that the order provides ‘a ray of hope’ to Indian startups, against Google’s ‘unfair lagaan’.
“ADIF will present more factual evidence to buttress our point and assist the CCI in making an effective adjudication of the contravention applications moved by us,” it said.