A different bench of the court will hear the matter on Tuesday, April 18, subject to orders by the chief justice, Justice Singh said.
ADIF, which represents Indian startups such as MapmyIndia, Paytm, Matrimony, and TrulyMadly, in its petition alleged that the antitrust regulator’s “inaction” on complaints filed against Google’s user choice billing (UCB) system has resulted in the tech company engaging in anti-competitive conduct.
ADIF has urged the Delhi High Court to ask CCI to pass directions putting Google’s new system under abeyance given that it becomes effective from April 26.
Also read: Startups take Google to court over new in-app billing system
During Wednesday’s hearing before a single-judge bench, Justice Singh asked the counsels if the matter was connected to the case filed by Google in the National Company Law Appellate Tribunal (NCLAT) challenging CCI’s verdict that penalised the company and asked it to make certain changes to the way it functions.
Discover the stories of your interest
“It is connected to the extent that one portion of activities was in the first order and the second portion will be (in the other order)…,” the respondent counsel argued.
Counsel of ADIF, however, said the facts of the latest case were different, and that there was an urgency in the matter. “The difficulty is that there is a policy, which is being implemented by Google, which is in violation with the CCI order, on April 26. This is in stark defiance of the CCI order, and that’s why there is a necessity of time,” he said.
After hearing the arguments, Justice Singh said the case will be heard by a different bench next week.
In October, CCI had passed two antitrust orders against Google for misusing its controlling position in the Android ecosystem, which were challenged by the tech company in the NCLAT.
The appellate tribunal has upheld the competition regulator’s verdict of penalising Google Rs 1,338 crore. The second order that penalised Google to the tune of Rs 937 crore is still pending before NCLAT, and will be heard on April 17.
ET had reported on Tuesday that in its petition, ADIF has alleged that CCI has “failed to take action on the multiple applications” made by the industry group showing how Google is “taking actions which are in gross violation and intentional non-compliance” of the competition panel’s October order asking Google to cut back on some of its practices.
ADIF has urged the High Court to issue a direction to the CCI for taking cognisance of the applications filed by the industry body, and to pass directions for initiating inquiry, while issuing an interim order “prohibiting implementation of UCB”.
