Android issue of national importance, world looking at us, CCI tells SC

The Competition Commission of India (CCI) on Wednesday told the Supreme Court the issue pertaining to alleged abuse of dominant position by Google in multiple markets in the Android mobile device ecosystem is of "national importance" and the world is looking at how India is dealing with the matter.

A bench of Chief Justice DY Chandrachud and Justices Krishna Murari and PS Narasimha was told by additional solicitor general N Venkataraman, appearing for the CCI, that the top court should hear the issue and Google be not given "two innings" at the National Company Law Appellate Tribunal(NCLAT).

The bench said it agrees there cannot be two innings for anyone and that the matter will be taken up by the court on Thursday.

Android is a popular open-source, mobile operating system installed by Original Equipment Manufacturers (OEMs) of smartphones and tablets.

The top court was hearing a plea of the US-based tech giant against an order of the NCLAT refusing an interim stay on the competition regulator imposing a Rs 1,337 crore penalty on it.

The bench initially said it is looking to send the matter back to the NCLAT, observing that the tribunal has not looked at all the aspects of their interim stay application and it would be appropriate that the tribunal looks into it.

"What we are suggesting is that NCLAT has not really looked at their (Google's) application of interim stay. They say they will list it in April. Now, we have to look into it. We can ask NCLAT to look into it. If we have to look at it, then it should be as an appeal. It is an interlocutory order."