Google vs CCI reaches Delhi HC over allegations of report leak, hearing tomorrow

Tech giant Google on Thursday moved the Delhi High Court alleging that the Competition Commission of India (CCI) has leaked a confidential fact-finding report with regards to its ongoing probe in connection with the company's smartphone platform Android. Senior Advocate Abhishek Manu Singhvi appearing for Google made an urgent mentioning before a division bench of the Delhi High Court presided over by Chief Justice D N Patel and Justice Jyoti Singh. 

Following the mentioning, the court has agreed to hear the matter tomorrow i.e. September 24. The tech giant has knocked on the doors of the court seeking redress in this matter, specifically protesting against the breach of confidence which impairs Google’s ability to defend itself and harms Google and its partners.

'Protecting confidential information is fundamental to any governmental investigation': Google

Commenting on the petition with the high court, a Google spokesperson said, “We are deeply concerned that the Director General’s Report, which contains our confidential information in an ongoing case, was leaked to the media while in the CCI’s custody."

"Protecting confidential information is fundamental to any governmental investigation, and we are pursuing our legal right to seek redress and prevent any further unlawful disclosures. We cooperated fully and maintained confidentiality throughout the investigative process, and we hope and expect the same level of confidentiality from the institutions we engage with," Google said further in its statement. 

The tech giant further stated that the DG’s findings do not reflect the final decision of the CCI and the submission of the investigation report is an interim procedural step. 

"Google has not yet had the opportunity to review the DG’s findings, much less submit its defence of any allegations," it said. 

CCI report

According to the CCI report, Google provided at least 24 responses during the investigation, defending itself and saying that it was not harming competition. According to the report, 62 businesses answered CCI queries during its Google probe, including Microsoft Corp, Amazon.com Inc, Apple Inc, and smartphone manufacturers such as Samsung and Xiaomi. According to Counterpoint Research, Android powers 98% of India's 520 million smartphones.

The 750-page report claims that requiring app pre-installation 'amounts to imposition of an unreasonable condition on the device manufacturers' in violation of Indian competition law and that the firm used its Play Store app store to maintain its monopoly. According to the report, Google's Play Store policies were one-sided, imprecise, vague, biassed, and arbitrary, and Android has "enjoyed its dominant position" in licensable operating systems for smartphones and tablets since 2011.

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