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2025 Supreme(Online)(NCLAT) 272

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
ALPHABET INC. & ORS. – Appellant
Versus
Competition Commission of India & ORS. – Respondent


Mr. Sajan Poovayya and Mr. Ritin Rai, Sr. Advocates with Mr. Karan Chanhiok, Mr. Kaustav Kondu, Ms. Deeksha Manchanda, Ms. Tarun Donadi, Ms. Bhavika Chhabra, Mr. Palash Maheshwari, Mr. Daayar Singla and Ms. Raksha Agarwal, Advocates. For Respondents:Mr. Balbir Singh, Sr. Advocate with Mr. Samar Bansal, Mr. Manu Chaturvedi, Mr. Kaustubh Chaturvedi, Mr. Vedant Kapur, Mr. Karan Sachdev, Ms. Shivali Singh, Ms. Ananya Singh, Mr. Vedant Kohli, Mr. Khwaja Umair and Ms. Monica Benjamin, Advocates for R-1/ CCI. Mr. Jayant Mehta, Sr. Advocate with Mr. Abir Roy, Mr. Vivek Pandey, Mr. Aman Shankar, Mr. Sasthibrata Panda, Ms. Biyanka Bhatia and Ms. Shreya Kapoor, Advocates for R-3.

JUDGMENT

(28th March, 2025) Ashok Bhushan, J.

This Appeal has been filed challenging the order dated 25.10.2022 passed by the Competition Commission of India (hereinafter referred to as “Commission”) under Section 27 of the Competition Act, 2002 (hereinafter referred to as “Act”) in Case No. 07 of 2020, Case No.14 of 2021 and Case No.35 of 2021. The Commission after receipt of the information in the above cases passed an order under Section 26 of the Act directing for investigation. Director General (DG) conducted the investigation as per the Act and submitted a report to the Commission. Thereafter, after hearing the parties the Commission passed the impugned order under Section 27 of the Act. By the impugned order, the Commission has issued various directions against the Appellant as envisaged in Section 27 and also imposed penalty under Section 27(b) of the Act. Aggrieved by the order passed by the Commission, this Appeal has been filed.

2. Brief background facts which are necessary to be noticed for deciding the Appeal are:-

2.1. This Appeal has been filed by Alphabet Inc. with three other Google entities who are referred hereinafter as “Google”. Google LLC launched an app store

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