Google and India
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Contents
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Ad words
Delhi HC order, 2021
Digbijay Mishra, March 3, 2021: The Times of India
In a significant interim ruling, the Delhi high court has directed search engine major Google to suspend an advertising account on its Ad Words programme, where companies bid for keywords to appear on top of search results.
The directive has come after two contempt petitions by Make-MyTrip (MMT) in the last two months against rival HappyEasyGo (HEG) in the court. The pleas were to stop HEG from using MMT-related keywords to appear on top of search results. The case was first filed in May 2018. But the recent contempt notices were slapped again after finding HEG was still using MMT-related keywords to boost its visibility in search results.
Google Ad Words is one of the key revenue sources for the search giant where companies bid for certain keywords and that helps them to appear as top results. This includes keywords like the name of popular platforms — for example, MMT.
Industry sources said in situations like these, MMT ends up spending more on the Ad Words programme to bid for its own trademark to come on top of the search result. The competitive bidding on the brand’s word mark raises the cost per click on Google platform by up to three to four times, people aware of the matter added.
The court order issued last week, reviewed by TOI, has also asked to issue bailable warrants for HEG’s two India executives. In recent times, several companies are increasingly expressing concerns over the Ad Words programme. TOI has previously reported that the matter was taken to government departments like the DPIIT.
MMT has a similar litigation going on against rival EaseMyTrip as well. An MMT spokesperson declined to comment on the matter, while emails sent to Google India and HEG did not immediately elicit any response.
Competition Commission of India and Google
2018/ fines Google Rs 135.86 crore for 'search bias'
India's antitrust watchdog, Competition Commission of India (CCI) has imposed a Rs 135.86 crore fine on Google for "search bias", in the latest regulatory setback for the world's most popular internet search engine.
The CCI says that Google, a unit of US firm Alphabet Inc, was abusing its dominance in online web search and online search advertising markets.
The Competition Commission of India (CCI) has found Google to have abused its dominant position in online general web search and web search advertising services in India. The order was passed in response to informations filed by Matrimony.com Limited and Consumer Unity & Trust Society (CUTS) in 2012," said the CCI.
The company will need to deposit the fine within 60 days, the commission said. It has been mentioned that the allegations against Google was in relation to the design of Search Engine Result Page (SERP). "CCI noted in its order that Google through its search design has not only placed its commercial flight unit at a prominent position on SERP, it has also allocated disproportionate real estate thereof to such units to the disadvantage of verticals trying to gain market access," added CCI.
Furthermore it was added that Google provided a link in certain commercial units which lead users to its specialized search result page (Google Flight). This resulted in unfair imposition upon the users of general search services as well.
"The CCI also noted in the order that ranking of Universal Results prior to 2010 were pre-determined to trigger at the 1st, 4th or 10th position on the SERP instead of by their relevance. Such practice of Google was unfair to the users and was found to be in contravention of the provisions of Section 4(2)(a)(i) of the Act," said the Competition Commission of India.
Replying to the CCI's charges, a Google spokesperson said, "We have always focused on innovating to support the evolving needs of our users. The Competition Commission of India has confirmed that, on the majority of issues it examined, our conduct complies with Indian competition laws. We are reviewing the narrow concerns identified by the Commission and will assess our next steps."
2018, CCI: Google has search bias; prevents use of competing search services
Google says India anti-trust ruling could cause 'irreparable' harm, May 18, 2018: The Times of India
HIGHLIGHTS
Competition Commission of India in February fined Google $20 million for abusing its position in online web search
Google says the ruling could cause “irreparable” harm and reputational loss to the company
Alphabet Inc’s Google has said an Indian anti-trust ruling that found it was guilty of search bias could cause “irreparable” harm and reputational loss to the company, according to a legal document reviewed by Reuters.
The Competition Commission of India (CCI) in February fined Google $20 million for abusing its position in online web search and also slammed the company for preventing its partners from using competing search services.
After the ruling, Google had said the verdict raised only “narrow concerns”, but in its plea challenging the CCI’s ruling the search giant signalled the impact could be far greater.
The order, the company said, “requires Google to change the way it conducts business in India on a lasting basis and the way it designs its search results page in India”, according to a copy of its plea which was seen exclusively by Reuters.
The CCI, among other things, had ordered Google to stop imposing restrictions on its direct search agreements with other publishers.
Allowing the CCI’s findings to be implemented “without appellate scrutiny would cause Google irreparable reputational loss”, the company said, while seeking a stay on the ruling.
A Google spokesman in India declined to comment.
Google last month obtained a partial stay on the ruling from India’s company law tribunal, which allowed it to deposit only a small part of the imposed penalty.
The Indian anti-trust tussle is the latest regulatory setback for Google. Last year, the European Commission slapped a record $2.8 billion fine on the company for demoting rival offerings. Google has appealed against the order.
The anti-trust battle in India is set to intensify as local matchmaking website Matrimony.com - which first brought the case in 2012 - has also appealed against the CCI ruling as it believes Google has gotten off too lightly.
On the issue of search agreements, the CCI in its Feb. 8 order said: “By restricting websites from partnering with competing search services, Google was denying its competitors access to the search business and further marginalizing competitors.”
The “volume of business generated through these agreements is substantial” for Google, the order said.
In its plea challenging the ruling, Google said the CCI wrongly ruled that such agreements violate Indian competition law.
“If Google is restricted from entering into certain types of contracts while the appellate review is conducted, Google will be irreparably harmed,” the company said in the plea, without elaborating.
2021: CCI finds that Google has abused its position
Pankaj Doval, Sep 18, 2021: The Times of India
From: Pankaj Doval, Sep 18, 2021: The Times of India
In what could be a damaging finding against Google on abuse of dominance, the investigation arm of Competition Commission of India has said the American tech giant is guilty of adopting anti-competitive, unfair and restrictive trade practices in the mobile operating system and related markets.
During the two-year investigation, ordered by CCI in April 2019, the panel questioned Google – the leader of the ubiquitous Android operating system (OS) with nearly 98% of the smartphone market — and multiple multi-national and Indian companies such as Apple, Microsoft, Amazon, Paytm, Phone-Pe, Mozilla, Samsung, Xiaomi, Vivo, Oppo and Karbonn.
The probe found Google India guilty of stifling competition and innovation to the detriment of the market and consumers in order to maintain its dominance in search, music (through YouTube), browser (Chrome), app library (Play Store) and other key services. The probe report, of nearly 750 pages, was reviewed exclusively by TOI.
‘Google imposed 1-sided contracts on devices, app makers’
The probe accuses Google of imposing and forcing one-sided contracts on devices and app makers to ensure that its own products and apps maintain primacy in consumer usage, and come pre-installed and as default options to get the highest user preference. “Google is found to be contravening the Competition Act,” the probe report said, holding the company guilty of a variety of charges, including abuse of dominance, denial of market access to competitors, and limiting technical development relating to goods or services to the prejudice of consumers. The report has been placed before the CCI and if found guilty, Google could face penalties or be asked to discontinue practices that are seen to distort competition and are anti-consumer.
The probe looked into a variety of issues after CCI first received a complaint alleging that Google India had hindered the development and market access of rival mobile apps by requiring smartphone manufacturers through exclusive deals to pre-install its proprietary apps and /or services.
A device-maker wanting to go beyond the “bare Android version” and to make use of any of the key Google apps is mandated by Google to sign a Mobile Application Distribution Agreement (MADA) and an Anti-Fragmentation Agreement /Android Compatibility Commitment, which requires pre-loading of Google apps. Also, device manufacturers and other partners are offered lucrative revenue-share agreements. The probe found that Google has been “foreclosing competition” in the Android operating system as through MADA.
With Google controlling nearly all of the smart mobile market in India, this helps it dominate the search market as it gets access to swathes of user data that makes its results sharper, the report said. It said Google has acquired and maintained its mobile search dominant position in part through anticompetitive means.
2022: CCI fines Google Rs.1,300 crore
Pankaj Doval, TNN, Oct 21, 2022: The Times of India
From: Pankaj Doval, TNN, Oct 21, 2022: The Times of India
NEW DELHI: The Competition Commission of India has fined Google Rs 1,338 crore for abusing its dominant position in relation to Android mobile devices, and ordered the company to immediately "cease and desist" from such practices. The CCI said Google forced one-sided agreements on the tech ecosystem, ensuring continued supply of consumer data for its apps to garner advertising revenue, while blocking others. It said the policies were adversely impacting the business of smartphone makers, competing app creators, a myriad startups, and users.
The investigation into the matter, which was ordered in April 2019, had seen a probe panel of CCI not just question Google but several multinational and Indian companies such as Apple, Microsoft, Amazon, Paytm, PhonePe, Mozilla, Samsung, Xiaomi, Vivo, Oppo and Karbonn. Google is the leader of the dominant Android operating system (OS) with nearly 98% share of the smartphone market.
CCI said Google's anti-competitive activities were achieved through various one-sided agreements that it forced on the tech eco-system, virtually ensuring continued supply of consumer data for its apps to help garner lucrative advertising revenues, while blocking access to others.
"By virtue of the agreements... Google ensured that users continue to use its search services on mobile devices, which facilitated un-interrupted growth of advertisement revenue for Google. It also helped Google to further invest and improve its services to exclusion of others. Thus, underlying objective of Google in imposing various restrictions... was to protect and strengthen its dominant position in general search services and thus, its revenues via search advertisements," CCI said.
When contacted, a spokesperson for Google did not comment on the development.
2022/II
Oct 26, 2022: The Times of India
Fair play regulator CCI slapped a Rs 936 crore penalty on tech giant Google for abusing monopoly through its app aggregator Play Store, reports Pankaj Doval. The fine comes within a week of the company being ordered to pay Rs 1,338 crore for following anti-competitive practices in relation to Android mobile devices. In its latest order, CCI asked Google to “cease and desist” from practising policies that supposedly give it powers to abuse its dominant position in running Play Store. “… practices followed by Google result in leveraging its dominance in market for licensable mobile OS and app stores for Android OS, to protect its position in the downstream markets,” the CCI said.
2023: India app store policy changed after CCI order
Pankaj Doval, January 26, 2023: The Times of India
New Delhi : Google has started to make changes to its policy dealing with apps and digital ecosystem, after failed to get any immediate relief from the courts against the CCI order, which found it abusing dominance and engaging in anticompetitive practices in India.
Now, the US tech giant will allow smartphone makers to license its apps individually, instead of the entire bouquet. It will also allow users to choose a default search engine, instead of only Google search. The move is being seen as a massive climbdown by Google, though a section of competing Indian app makers such as MapmyIndia are still demanding more clarity.
Google was slapped with a fine of Rs 1,338 crore for abusing dominance through its ubiquitous Android operating system, while being asked to cough up another Rs 936 crore in a case related to its Play Store policies. It is now making the changes after it failed to get any reprieve from the National Company Law Appellate Tribunal (NCLAT) and the Supreme Court.
“We take our commitment to comply with local laws and regulations in India seriously. The CCI’s recent directives for Android and Play require us to make significant changes for India, and today we’ve informed the CCI of how we will be complying with their directives,” Google said. “OEMs (such as smartphone manufacturers) will be able to license individual Google apps for pre-installation on their devices,” it said, giving relief to a clause that generally mandated companies to opt for the entire suite of Google’s services.
In a decision that will give more choice to consumers to explore competing apps on the Android Play Store, it said users will be able to customise their devices to suit their preferences. “Indian users will now have the option to choose their default search engine via a choice screen that will soon start to appear when a user sets up a newAndroid smartphone or tablet in India. ”
It also said that user choice billing will be available to all apps and games starting next month. “Through user choice billing, developers can offer users the option to choose an alternative billing system alongside Google Play’s billing system, when purchasing inapp digital content. ”
Google also said it’s updating the Android compatibility requirements to introduce changes for partners to build non-compatible or forked variants.
However, Indian rivals demanded more. “It is unfortunate that rather than comply fully in letter, in spirit, and in time, with orders of the apex court of India, Google is still attempting to dilute and delay the outcome of the CCI investigation and directives,” Rohan Verma, CEO of MapmyIndia, which has a competing product to Google Maps app, told TOI.
“For example, why is Google not allowing users to uninstall Google Maps and its other apps? Google allows users to uninstall all other apps. Similarly, why is Google not allowing other app stores to be distributed through Google Play Store despite CCI’s directives to do so?” Verma said.
Controversies
2024/ Google removes reinstates Indian apps
Pankaj Doval, March 3, 2024: The Times of India
New Delhi : Google started reinstating some of the Indian apps that it had de-listed from its Play Store over payment issues after intervention by Union communications & IT minister Ashwini Vaishnaw who said that “this cannot be permitted” as he asked the disputing parties to come and meet the govt on the matter.
As some of the top start-up founders came out strongly against Google’s move to delist the apps from Play Store, the govt swung into action with Vaishnaw expressing concern over the issue. “India is very clear, our policy is very clear... our startups will get the protection that they need.”
The minister said the government will be meeting Google and app developers who have been delisted, next week, to resolve the dispute. “I have already called Google... I have already called the app developers who have been delisted, we will be meeting them next week. This cannot be permitted… This kind of delisting cannot be permitted,” Vaishnaw said as reports soon started coming in of some of the apps being allowed again.
Sources say that some of the companies are mulling legal action and may approach fairplay regulator CCI with charges of abuse of dominance against Google, something where the tech giant has already been penalised last year.
After the minister’s comments went public, reports emerged that apps like Info Edge’s Naukri, 99acres and Shiksha, as well as shaadi.com, had been reinstated by Google in the Play Store.
However, a new controversy seems to have come up as Anupam Mittal, the founder of People Group that runs ‘shaadi.com’ said that Google had allowed re-listing on Play Store but without permitting the in-app billing, which was the source of the dispute. Responding to a tweet of Info Edge’s Sanjeev Bhikchandani that their apps had been allowed back, Mittal said on microblogging platform X, “Pls clarify that u are back up as consumption apps only i.e. without any in-app billing which will destroy the consumer side of the business in the longer-term. Otherwise this tweet will be interpreted as everything is back to status quo, which is NOT true (sic).”
On March 1, Google said that ten companies, including “many well-established” ones had avoided paying fees despite benefiting from the platform & Play Store, and proceeded to delist some apps. It didn’t name firms but a search of Play Store did not give results for apps such as Shaadi, Matrimony.com and Bharat Matrimony. Balaji Telefilms’ Altt, audio platform Kuku FM, dating service Quack Quack disappeared from Play Store.
The dispute of the tech giant with the companies is over Google imposing a fee of 11-26% on in-app payments after CCI ordered scrapping of an earlier system of charging 15-30%.
Innovation
Google Search feed to display English and Hindi news, August 28, 2018: The Hindu
Google said it is working to bring technology and product experiences which are locally relevant to users in India in vernacular languages.
“…the majority of Internet users today are Indian language users, a number expected to reach 500 million-plus in the next two years. [As much as] 95% of video consumption is in vernacular languages,” Rajan Anandan, vice-president, India and Southeast Asia said at an event here.
Indian content reach
With an aim to expand the reach of Indian content, the technology giant said it is working with the more than one lakh offline Indian language publishers on ‘Project Navlekha’, allowing them to start their website and publish on a branded domain.
Google Search feed will now also display users’ topics of interest and news, from both English and Hindi sources, the company said. “Search, to be truly helpful, it should bring you useful content in all the languages you understand,” Shashidhar Thakur, VP, engineering, Google Search said.
Further, Google said it had now integrated Marathi language, in addition to English and Hindi, with the Google Assistant. It has added seven more Indian languages to it. “India loves the Google Assistant. In fact, Google Assistant usage has tripled in India since last year,” the company said.
Stating that “building for India has often meant Google building for everyone all around the world,” Caesar Sengupta, VP, Next Billion Users initiative and Payments, Google said that payments app Tez had been rebranded as Google Pay. At the moment, nothing is changing about the experience in India other than the name,” he added.
Mr. Sengupta also announced that Google Station is partnering with Andhra Pradesh State FiberNet Limited to bring free public Wi-Fi to more than 12,000 villages, towns and cities in Andhra Pradesh. This will provide high-quality Internet access to potentially 10 million people.
Google.org, along with Google employees, will also be making a $1 million grant to several NGOs in India to support the relief and recovery efforts in the flood-affected regions in Kerala and Karnataka.
Phishing, “government-backed”
2019, Q3: 500 Indians warned about phishing attacks on them
Anam Ajmal, Nov 29, 2019: The Times of India
Key Highlights
Google had warned at least 500 Indians about "government-backed" phishing attacks against them between July and September this year, it said in a blog
Over 12,000 warnings were sent out to users across 149 countries: Google
The Google post also said that over 90% of these users were targeted via "credential phishing emails"
NEW DELHI: Google had warned at least 500 Indians about "government-backed" phishing attacks against them between July and September this year, the technology giant said in a blog. No names were given.
Google said in the blogpost that over 12,000 warnings were sent out to users across 149 countries. The post did not specify whether the users were being targeted by their own governments or others. The Google post also said that over 90% of these users were targeted via "credential phishing emails" where attempts are made to obtain the target's password or other account credentials to hijack their account. The company pointed out that the high-risk users were journalists, human rights activists and political campaigns.
Congress leader Digvijaya Singh raised concerns on the issue in the Rajya Sabha on Thursday. "Google has announced today that 500 Indians were targeted by 'Govt. backed Attackers'. What is govt's clarification?" he tweeted. Senior sources in government said that Google releases such reports every year. Persons, including activists, who feel at risk can register with Google and the firm analyses attacks.
"These are sometime state supported and other times con jobs. It has also been found that people are misled into sharing passwords by sites that look like Google but are not," the official said. He added that countries mentioned in the context of state supported programmes are typically those like Iran, N Korea and China.
The blog says that Google had sent out over 12,000 warning to users globally. This is consistent with the number of warnings sent in the same period of 2018 and 2017, the firm added.
According to Google, these government-backed groups have many goals including "intelligence collection, stealing intellectual property, targeting dissidents and activists, destructive cyber attacks, or spreading coordinated disinformation.”.
Play Store
2012-18: India tops in Play Store downloads
From: Rachel Chitra, India tops Google Play Store downloads in last 7 years, October 24, 2018: The Times of India
India saw 36.9 billion app downloads from Google Play Store between January 2012 and August 2018, the highest among all countries, according to mobile app analytics firm App Annie.
The study was done on the occasion of Google Play’s 10th anniversary.
Given that global downloads for the period were 330 billion, India accounted for 11.2% of the Google Play Store pie worldwide. The US was in second position with 35.1 billion downloads, followed by Brazil (25.2 billion), Russia
(15.9 billion), Indonesia (14.6 billion) and Mexico (12.7 billion). On an annual basis, India became the No. 1 downloader from Google Play Store in 2016. The US and Brazil were ahead of it prior to that.
The country is No. 2 when both Google Play Store and Apple iOS Store downloads are taken into account, with China leading in the combined number. India beat the US to take the second slot in 2017. China and the US are big Apple markets, unlike India.
However, Indians still don’t spend much money on apps — they prefer free apps and avoid in-app purchases. So, the country does not rank among the top 10 on app spends. Japan ranks the highest, spending a whopping $25.1 billion, followed by the US ($19.3 billion), South Korea ($11.2 billion), Germany ($3.1 billion) and Taiwan ($2.7 billion).
Indians are also more selective in app downloads and usage, may be because of lower phone storage capacities. With an average download of 62 apps on their mobiles and active use of 35 apps, Indians ranked 11th on this measure. Australians topped, installing on average as many as 103 apps and used 39 apps actively each month. They are followed by Americans, who install 102 apps and use 37 actively, and South Koreans, who install 100 apps and use 40 actively.
App Annie said the all-time most popular games globally were Subway Surfers, Candy Crush Saga, My Talking Tom, Pou, Temple Run 2 and Fruit Ninja. Among the most popular paid-for games were Puzzle & Dragons, Monster Strike, Clash of Clans, Candy Crush Saga, and Fate/ Grand Order. Pokemon Go came seventh in the ranking.
When it came to the top apps worldwide by download, Facebook held the No. 1 slot, followed by WhatsApp, Facebook Messenger, Instagram, Clean Master, UC Browser, Skype, Snapchat, SHAREit and Line. The top paid-for apps were LINE, Tinder, Pandora Music, LINE Manga, Netflix, KakaoTalk, LINE Play and HBO Now.
PART B: OFFICES, EMPLOYEES, PROJECTS IN INDIA
Campuses
Hyderabad
From: July 27, 2019: The Times of India
See graphic, ‘Google’s Campus in Hyderabad/ 2019 ’
