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2023 Supreme(Online)(SC) 13359

Dr Dhananjaya Y Chandrachud, CJ, Pamidighantam Sri Narasimha, J, J B Pardiwala, J
Google LLC – Appellant
Versus
Competition Commission of India – Respondent


Advocates:
For the Appellants/Petitioners: Dr Abhishek Manu Singhvi, Sr. Adv., Mr. Maninder Singh, Sr. Adv., Mr. Arun Kathpalia, Sr. Adv., Mr. Vijendra Pratap Singh, Adv., Mr. Ramsekhar Nair, Adv., Mr. Parhasarthi Jhal, Adv., Ms. Hemangini Dadwal, Adv., Mr. Toshit Shandilya, Adv., Ms. Arunima Chatterjee, Adv., Mr. Mohith Gauri, Adv., Ms. Saijobani Basu, Adv., Mr. Uday Khanna, Adv., Mr. Prabhas Bajaj, Adv., Ms. Deepanshu Poddar, Adv., Mr. Atish Ghoshal, Adv., Mr. Param Tandon, Adv., Ms. Ketki Agrawal, Adv., Ms. Bhaavi Agrawal, Adv., Mr. Abhisar Vidyarthi, Adv., Mr. Aman Sharma, Adv., Mr. Aditya Dhupar, Adv., Mr. Snehasish Mukherjee, AOR
For the Respondents: Mr. N. Venkatraman, Sr. Adv., Mr. Samar Bansal, Adv., Mr. Manu Chaturvedi, Adv., Mr. Tahir Ashraf Siddiqui, AOR, Mr. Chandrashekhar Bharati, Adv., Mr. Madhav Gupta, Adv., Mr. Vedant Kapur, Adv., Ms. Shireen F. Khan, Adv., Ms. Ria Dhawan, Adv., Mr. Mukul Rohatgi, Sr. Adv., Mr. Rajshekhar Rao, Sr. Adv., Mr. Naval Chopra, Adv., Mr. Ajit Warrier, Adv., Ms. Shally Bhasin, Adv., Mr. Yaman Verma, Adv., Mr. Amit Singh Sethi, Adv., Mr. Ritwik Bhattacharya, Adv., Mr. Prateek Gupta, Adv., Ms. Chandni Anand, Adv., Mr. Prateek Yadav, Adv., Ms. Parinita Kare, Adv., Mr. S. S. Shroff, AOR, Mr. Jayant Mehta, Sr. Adv., Mr. Lzafeer Ahmad B. F., AOR, Mr. Abir Roy, Adv., Mr. Vivek Pandey, Adv., Mr. Aman Shankar, Adv., Ms. Sukanya Viswanathan, Adv., Mr. Srikar Pagadala, Adv., Mr. Abir Roy, Adv., Mr. T. Sundar Ramanathan, AOR, Mr. Vivek Pandey, Adv., Mr. Aman Shankar, Adv., Ms. Sukanya Viswanathan, Adv.

ORDER

1. Invoking the appellate jurisdiction of this Court under Section 53T of the Competition Act 2002, the appellants have called into question an order of the National Company Law Appellate Tribunal1 “NCLAT” dated 4 January 2023. NCLAT is in seisin of Competition Appeal (AT) No 1 of 2023 arising from an order of the Competition Commission of India2 “CCI” dated 20 October 2022. While admitting the appeal, the NCLAT has directed the appellants to deposit 10% of the penalty quantified by the order of the CCI within three weeks. However, no stay has been granted in respect of the rest of the directions of the CCI which has resulted in the institution of the appeal before this Court.

2. The principal grievance which was urged, when the appeal was taken up, was that while on the one hand, NCLAT noted that “urgency has been shown in passing interim order”, the appeal has been directed to be listed on 3 April 2023 but there has been no expression of opinion, prima facie, on the merits of the order in appeal with a view to evaluating whether a case for interim stay was made out.

3. The NCLAT noted that the order of the CCI was dated 20 October 2022 but the appeal was filed nearly two mo

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