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2023 Supreme(Online)(NCLAT) 185

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Dr. Alok Srivastava (Member (Technical)) ,
Google LLC & Anr. – Appellant
Versus
Competition Commission of india & Ors. – Respondent


JUDGEMENT

ASHOK BHUSHAN, J. This Appeal by two Appellants - Google LLC and Google India Pvt. Ltd. (hereinafter referred to as ‘Google’) has been filed challenging the order dated 20.10.2022 passed by the Competition Commission of India in Case No.39 of 2018, Mr. Umar Javeed and Others vs. Google LLC & Anr. The Competition Commission of India by the impugned order found Google to have abused its dominant position in contravention of the provisions of Section 4(2)(a)(i), Section 4(2)(b)(ii), Section 4(2)(c), Section 4(2)(d) and Section 4(2)(e) of the Competition Act, 2002 (hereinafter referred to as ‘Act, 2002’). In terms of the provision of Section 27 of the Act, 2002, Commission has directed Google to cease and desist from indulging in anti-competitive practices that have been found to be in contravention of the provisions of Section 4 of the Act and directed certain measures to be taken by Google and further in exercise of power under Section 27 Sub-clause (b), Competition Commission of India has imposed penalty to the tune of INR 1337.76 Crore. Aggrieved by the order dated 20.10.2022, this Appeal has been filed by Google.

2. This Tribunal in this Appeal passed an order















































































































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