Google claims CCI order would risk Android users’ privacy

Google India has told the Supreme Court that the Competition Commission of India’s (CCI) order against it will sabotage Indian Android users’ safety and privacy. It also said the Commission’s other directions hurt public interest by increasing device prices for Indian users, harming app developers and thwarting competition.

In its appeal challenging the National Company Law Appellate Tribunal’s (NCLAT) refusal to grant an interim stay, Google said “the Tribunal’s rejection was unlawful, incorrect, and demonstrates non-application of mind”.

Google finds the CCI’s “remedial directions” operate entirely on speculation and not based on any finding of abuse of dominance, and are internally inconsistent. The tech giant also said that the order directing it to deposit 10 percent of the penalty as a precondition for the admission of its plea was unlawful.

It said the direction of the CCI asking it to “not restrict the ability of app developers” to distribute their apps outside of app stores - known as “sideloading” - threatens Google’s ability to show appropriate warnings to users about the risks associated with such apps. Google explained, “When apps are downloaded directly from the internet, outside of an app store, Android shows a warning, asking the user if he/ she is sure they want to download this app.”

It has further argued that India has tremendously low-cost entry-level Android devices due to royalty-free, non-exclusive licensing of the Android OS and Google’s proprietary apps. Google said, “With mobile handsets getting costlier, users, in particular low-income rural consumers, are likely to suffer the most, including the risk of being excluded from government benefits.”