INTRODUCTION. :-
To continue the competition in our Country, between products and companies so the consumer will get the benefit of it, we have a body named CCI, competition commission of India. Now if we take a look closely, there is a investigation department in this CCI. From last two years there is a investigation going on google, regarding if google has absued its position.
In this investigation it was found out that google has misused and abused its position, they are playing unfair. It says google has having a dominant position has totally misused it.
Regarding this google later filed a plea against the CCI, that they leaked confedential information. High court dismissed the plea Delhi high court said that CCI didn’t leaked any information to the media. High court disposed the plea.
WHAT ACTUALLY HAPPENED
As we have discussed earlier, CCI investigation committee has found out that google is using anti- competitivepractices. They are trying to slow down the phase of competition according to CCI. They are playing unfair trade practices in the mobile operating market and all such related market. Says CCI. Just to put their dominance they have restricted the trade practices even, they are not letting others to compete, they are restricting a lot more things. They are doing this mainly in mobile operating market.
WHEN WAS THE PROBE ORDERED
In April 2019, approx two years ago, the CCI had ordered a probe against the giant search engine Google. Google with its Android OS has control over 98% of the Indian smartphone market.
During last two years Competition commission of India has conducted a two year long investigation and this investigation was not only on google but also on Apple, Microsoft, Amazon, Paytm, Phonepe, Mozilla, Xiaomi, Vivo, Samsung, Vivo, Karbonn and Oppo.
After this probe it was found out that Google India was guilty of stifling competition and innovation, they are showing anti- competitive behaviour.They are trying to end competition says CCI. They did this to maintain their grip and dominance in search music( via youtube), chrome, App Library( play store) and also other key services. So CCI Is very clear in this regard that google is trying to show their monopoly in the market.
What google do is they try to make one sided contract with mobile manufacturers or app makers, what they do is make a contract in which they will only be the beneficiary. If you observe then when we buy Android phone, we see that a number of applications are pre installed in that phone. And these applications are mainly, google, you tube, chrome etc. The panel has accused google for making one sided contract. Google is found to violate the provisions of section 4(2)(a)(i) ; section 4(2)(b) ; section 4(2)(c) and even section 4(2)(d) and 4(2)(e) of the competition act. And moreover google is guilty of many charges, abuse of dominance in the market, restricting technical and scientific development.
Consumers are not getting variety, people now a days if we talk about search engine are only relying on google. 99% percent people use google as search engine. Google is not letting any other search engine to come into market. And this will absolutely stop growth as there will be no competition.We these days don’t go for search engine like yahoo! As google is making one sided contract with mobile manufacturers. And showing there dominance is a very anti competitive behaviour shown by google says CCI.
Prior to all these CCI received complaints regarding all these that google India had restricted market access of rival mobile apps and services by requiring manufacturers of devices. They sign certain deals with mobile manufacturers so that they have to pre install google in there devices. And if a mobile manufacturers denies to sign this contract then he can face a lot more issues
The probe also mentioned that device manufacturers and other partners are offered attractive revenue sharing agreements, for giving primacy to google only ecosystem of services and application
And due to all these competition is going down says CC. it is approximately 750 page report that has been submitted to the CCI for consideration. And if google is held accountable then they may have to even pay penalties. And moreover they will have to discontinue all this practices. If we take a look at long term plan then it will be a problem as other companies will step back as they may have to suffer loss and growth will be slow.
Google is facing various anti-trust investigation. In various parts of the world, from US to the European Union, Germany and Japan. And moreover anti google law has been implemented in South Korea.
After all these allegations by CCI now google has put allegations on CCI that it has leaked this report to media. They leaked the data of the report to media.
While 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.”
Google says it is very unfair that CCI leaked the report as the findings in it is not reflecting the final decision. CCI has denied the fact that they have leaked any information to media. And CCI says that instead of putting bad allegations against a government body they should sue the media houses those who say they have access to the report.
Single-judge Justice Rekha Palli recorded the CCI's submissions and disposed of the petition filed by Google alleging CCI had leaked the Director General's (investigative arm of CCI) findings, which contained business sensitive information about Google, to various media outlets.
REFERENCES
1. Bar and Bench
2. India Today
3. Live law
4. Techcrunch
5. Business today