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TMI Blog2024 (11) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... Roy, Mr. Aman Shankar, Mr. Vivek Pandey, Mr. Udit Dedhiya and Mr. Sasthibrata Panda, Advocates For Mebigo Labs Private Limited (Mebigo): Mr. Abir Roy, Mr. Aman Shankar, Mr. Vivek Pandey and Mr. Sasthibrata Panda, Advocates For Indian Broadcasting and Digital Foundation (IBDF) and Indian Digital Media Industry Foundation (IDMIF): Mr. Rajshekhar Rao, Senior Advocate with Ms. Pallavi Shroff, Mr. Yaman Verma, Ms. Parinita Kare, Mr. Ritwik Bhattacharya, Mr. Rohan Bhargava, Mr. Shivek S. Endlaw, Advocates along with Mr. Rishi Sharma and Ms. Siboney Sagar, Representative of IBDF/IDMIF For Alphabet Inc., Google LLC, Google Ireland Limited, Google India Private Limited, Google Asia Pacific Pte. Ltd. and Google India Digital Services Private Limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed by Mebigo Labs Private Limited (Mebigo) which is stated to be an internet company that owns the brand such as Kuku FM and provides audio content such as audiobooks, stories, originals and similar categories through apps and website across the globe. 5. Case No. 27 of 2023 has been filed by Indian Broadcasting and Digital Foundation (IBDF) and Indian Digital Media Industry Foundation (IDMIF). IBDF is stated to be a leading association which inter alia works towards the interests of the Indian television industry and the digital media industry. IDMIF is stated to be a subsidiary of IBDF. 6. The Opposite Parties offers various internet-based products including a proprietary digital store for mobile based applications, i.e., Googl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has also been found to be dominant in these two relevant markets. The Commission has also formed a prima facie view that Google has violated the provisions of Section 4(2)(a), 4(2)(b) and 4(2)(c) of the Act, as detailed therein which warrants detailed investigation. The Director General ('DG') has been directed to complete the investigation and submit a consolidated investigation report within a period of 60 days from the date of receipt of the said order. 10. In this backdrop, the Commission deems it appropriate to consider the interim relief prayer made by the Informants. During the course of hearing, all the parties made detailed arguments on the interim relief prayers. The Informants vide their post hearing submissions filed revised in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nloads or in-app purchases on apps offering digital products / services, including transactions processed through either GPBS or alternative payment processors under UCB; (ii) restrain the collection of any data from app developers. To facilitate any eventual payment by the app developers, should the Hon'ble Commission finally rule in Google's favour, app developers be directed to collect and collate and keep available with themselves the data required for calculation of the fee in an aggregated form as directed by the Hon'ble Commission; (iii) direct Google to allow all app developers (whether providing physical or digital products or services on their apps) the ability to provide the same payment option, and to impose no additional co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons has been committed and continues to be committed or is about to be committed; (b) it is necessary to issue order of restraint and (c) from the record before the Commission, it is apparent that there is every likelihood of the party to the lis, suffering irreparable and irretrievable damage or there is definite apprehension that it would have an adverse effect on competition in the market. 13. In legal proceedings, the granting of interim relief is a crucial aspect of ensuring fairness and justice, particularly when a matter is under investigation. Interim relief serves to prevent irreparable harm or maintain the status quo until a final decision is reached. However, the principles governing the grant of interim relief necessitate a car ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount to requiring Google to offer Play for free to developers in India. No other court or regulator has passed a similar relief despite repeated requests. This recognises that Google cannot provide its platform without any consideration, especially when developers continue to charge their users for digital in-app purchases and enjoy the services of Play. While it is essential to ensure a level playing field and protect competition within the app store market, any measures taken should be proportionate and carefully crafted to minimize unintended consequences and preserve the overall integrity and functionality of the platform ecosystem. Based on the foregoing, the Commission is of the view that the Informants have not been able to demonstr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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