Google has lodged a complaint with India’s Supreme Court, alleging that the country’s antitrust regulator, the Competition Commission of India (CCI), ordered changes to its business model solely to protect rival company Amazon. The legal papers reveal Google’s deepening disagreement with the CCI’s handling of the investigation into Google’s Android operating system.

The CCI’s October order, which fined Google $163 million, required the company to make ten changes to its business model due to findings of abuse of its dominant market position in India. One of the changes involved allowing the distribution of modified versions of Android, known as Android forks, without licensing restrictions or pre-installation requirements for Google apps.

Google’s Disagreement with CCI’s Investigation

In its Supreme Court filing on June 26, Google expressed its disagreement with the CCI’s reliance on Amazon’s complaint about the hindrances it faced while developing a modified version of the Android system called Fire OS. Google claimed that the CCI unfairly considered Amazon’s inability to compete in India as a failure caused by Google’s agreements. Google argued that FireOS had failed commercially globally, including in India where the Fire Phone was never launched. The company accused the CCI of issuing the directive solely to protect Amazon’s interests.

Copied European Ruling and Fines Imposed in South Korea

In a previous filing in a lower tribunal, Google alleged that CCI officers had copied sections of a European ruling against the company in a similar case. However, the CCI denied this accusation. It is worth noting that South Korea had also fined Google $159 million in 2021 for blocking customized versions of Android. Google has challenged both the South Korean and European orders.

Google’s Concerns about India’s Android Decision

Google has shown particular concern about the CCI’s decision regarding Android in India, as the directives were deemed more far-reaching than the European Commission’s landmark ruling against Google’s Android market abuse in 2018. The CCI’s investigators found that Google’s contractual restrictions had negatively impacted the ability and motivation of device manufacturers to develop and sell devices operating on Android forks, thus harming consumer interests.

Google’s Response and CCI’s Position

Google is currently arguing against any penalty in India’s Supreme Court, maintaining that it did not abuse its market position. On the other hand, the CCI insists that Google must comply with all its directives. Google has already made significant changes to its Android business model in India in response to the CCI’s order. While a lower tribunal has ruled in favor of the CCI, confirming Google’s market abuse and imposing a penalty, Google continues to fight the decision in the Supreme Court.

Ongoing Legal Proceedings

Both Google and Amazon have declined to comment on the matter due to the ongoing legal proceedings. The CCI has not responded to Google’s court filing, and the case is scheduled to be heard in the coming days.

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