Revision as of 12:05, 19 May 2018

Court/ tribunal rulings

2018/ Competition Commission of India fines Google Rs 135.86 crore for 'search bias'

February 8, 2018: Gadgets Now

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.