Google’s lawyers have opposed the CCI order on alleged market dominance and anti-competitive practices concerning its Play Store. At Wednesday’s hearing, Google's lawyers said the CCI order was “overbearing", adding the penalty is based on assumptions, and does not prove how Google’s practice has been anti-competitive. A day earlier, Google had argued that its Play Billing system accounts for a tiny share of the country's overall payments industry, and that only 3% of all Play Store apps face commissions.
Once Google concludes its arguments, CCI’s counsel will follow. “Google will look for all avenues to identify shortcomings in CCI’s order. As the appellate court, NCLAT does hold the power to identify on merit if any argument against a competition order would hold substance, and on that note, could issue an order that partly accepts or quashes, or even fully accepts or quashes, an existing CCI order," said Anisha Chand, partner at law firm, Khaitan & Co.
A second lawyer at a top law firm, who also advises Google across various issues, said that more than the penalty, getting a favourable verdict would be “a matter of principle" for Google. “Any competition lawsuit could alter the very basis of a business operation. On that note, the NCLAT appeal’s hearings will likely be highly significant to the ongoing service fee conversations between Google and startups," the lawyer added.
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