Google appeals against Competition Commission of India

Why in News?

Google has filed an appeal against the Competition Commission’s ruling which imposed Rs 136 crore fine on the Internet major for unfair business practices in the Indian market for online search.

 

FACTS FOR PRELIMS

Background

It was alleged that Google was indulging in abuse of dominant position in the market for online search through practices leading to search bias and search manipulation, among others.

Competition Commission of India (CCI)

The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, follows the philosophy of modern competition laws. The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable adverse effect on competition within India.

The objectives of the Act are sought to be achieved through the Competition Commission of India (CCI), which has been established by the Central Government

CCI consists of a Chairperson and 6 Members appointed by the Central Government. It is the duty of the Commission to eliminate practices having an adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade in the markets of India.

Appeals against CCI orders are filed with the National Company Law Appellate Tribunal (NCLAT).

National Company Law Appellate Tribunal (NCLAT).

It was constituted under the Companies Act, 2013 for hearing appeals against the orders of National Company Law Tribunal(s) (NCLT), with effect from 2016.

NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by NCLT(s) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC). NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by Insolvency and Bankruptcy Board of India

It is also Appellate Tribunal to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India (CCI) – as per the amendment of the Companies Act, 2013 by the Finance Act, 2017.

 

Source-The Economic Times.