KukuFM, Shaadi and IBDF appeal NCLAT against CCI’s interim order in Google Play Store case

economictimes.indiatimes.com:

Google to file its reply to appeals filed by KukuFM, Shaadi.com and the Indian Broadcasting and Digital Foundation (IBDF) against a Competition Commission of India order. The antitrust regulator in a March 20 order had denied them interim relief in a case over the fee levied by the tech giant for listing apps on its Play Store.

The appellate tribunal will likely take up the matter on May 24.

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The internet startups and industry body IBDF accuse Google of using its dominant position to discriminate against certain apps by charging a commission of 11-30% from them for listing on its app store, while exempting some others from the levy. The Competition Commission, however, said the petitioners had not made out any case that warranted the grant of interim relief restricting Google from charging the commission or fee.

“This fee is not demanded from every app that allows mandatory transaction, like Amazon,” the counsel representing one of the apps said, arguing before the tribunal that some of the biggest apps, like Uber and Spotify, were exempted from payment.

Google has made no basis for differentiation between physical and digital goods, which it claims to be the reason for different practices, the counsel claimed.

The startups had approached the CCI to prohibit