Google has told a tribunal in India that the country’s antitrust investigators copied parts of a European ruling against the US firm for abusing the market dominance of its Android operating system, arguing the decision be quashed, legal papers show.
The Competition Commission of India (CCI) in October fined Alphabet Inc’s Google $161 million for exploiting its dominant position in markets such as online search and the Android app store, and asked it to change restrictions imposed on smartphone makers related to pre-installing apps.
Sources told Reuters in October that Google was worried about the Indian decision as the remedies ordered were seen as more sweeping than the European Commission’s landmark 2018 ruling for imposing unlawful restrictions on Android mobile device makers. Google has challenged a record 4.1-billion-euro ($4.3 billion) fine in that case.
Related: Google To Appeal India Antitrust Ruling On Android
In its filing to an Indian appeals tribunal, Google argues the CCI’s investigation unit “copy-pasted extensively from a European Commission decision, deploying evidence from Europe that was not examined in India”.
“There are more than 50 instances of copypasting”, in some cases “word-for-word”, and the watchdog erroneously dismissed the issue, Google said in its filing which is not public but has been reviewed by Reuters.
“The Commission failed to conduct an impartial, balanced, and legally sound investigation … Google’s mobile app distribution practices are pro-competitive and not unfair/ exclusionary.”
