Google, CCI, ADIF clash in Supreme Court over Play Store antitrust ruling

New Delhi: The Supreme Court of India has set the stage for a legal battle, admitting cross-appeals from Google, the Competition Commission of India (CCI), and the Alliance of Digital India Foundation (ADIF) challenging a National Company Law Appellate Tribunal (NCLAT) ruling on Google’s Play Store policies. 

The case, scheduled for a hearing in November 2025, could reshape the regulatory landscape for digital platforms in India, with far-reaching implications for competition law and Big Tech operations.

The dispute stems from a CCI investigation launched in November 2020, targeting Google’s Play Store billing practices. In October 2022, the CCI found Google guilty of abusing its dominant position in the Android ecosystem by mandating the use of the Google Play Billing System (GPBS) for app purchases and in-app transactions, while exempting its own apps, such as YouTube, from similar commission structures.

The regulator imposed a penalty of Rs 936.44 crore and issued directives to cease anti-competitive practices, including allowing third-party billing systems and ensuring data transparency.

In March 2025, the NCLAT partially upheld the CCI’s findings, affirming that Google leveraged its dominance in licensable smartphone operating systems and Android app stores to promote its payment app, Google Pay, violating Section 4(2)(e) of the Competition Act. The tribunal also upheld the CCI’s finding that Google imposed unfair and discriminatory conditions on developers through GPBS. 

However, it overturned CCI's conclusions on denial of market access and restriction of innovation, citing insufficient evidence, as Google’s billing services accounted for less than 1% of UPI transactions in India. The NCLAT reduced the penalty to Rs 216.69 crore, limiting it to Play Store-specific revenues rather than Google’s global turnover.

A subsequent NCLAT clarification on May 1, 2025, reinstated two CCI directives requiring Google to disclose data policies and refrain from using billing data for competitive advantage, prompting Google to escalate the matter to the Supreme Court. Google argues that the NCLAT’s reinstatement of these directives constitutes an impermissible review and disputes the findings of abuse, emphasising that its billing policies ensure platform security and user experience. 

The CCI, meanwhile, challenges the NCLAT’s decision to strike down key remedies and its penalty recalculation, advocating for a broader interpretation of market foreclosure. ADIF, representing Indian startups like Shaadi.com and Kuku FM, seeks reinstatement of the CCI’s original remedies, arguing that Google’s policies stifle competition and harm developers.

The Supreme Court will examine critical issues, including the scope of Google’s dominance, the legality of its billing practices, and the appropriate penalty calculation methodology.