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ARTICLE · 14 JULY 2021

Competition Commission Of India And Google: Regulatory Overreach?

The Competition Commission of India directed the Director General to conduct an investigation into the alleged anti-competitive conduct of Google in the market concerning smart television .

IndiaAntitrust/Competition Law

1. INTRODUCTION

The Competition Commission of India ("CCI") directed the Director General ("DG") to conduct an investigation1 into the alleged anti-competitive conduct of Google in the market concerning smart television ("Smart TV") ("CCI Order"). The complaint was filed by two individuals ("Complainants"), who are consumers of Android-based smartphones and Smart TV devices.

The Complainants alleged that Google abused its dominance and imposed vertical restraints on Smart TV and smart mobile device original equipment manufacturers ("OEMs")2 by way of television app distribution agreement ("TADA") and Android compatibility commitment ("ACC") which inter alia resulted in: (i) bundling of Google's play store ("Play Store") with the operating system ("OS") for television devices, i.e. Android TV; (ii) pre-installation of Play Store in Smart TV devices; (iii) restricting OEMs to deal with competing forked Android OS; (iv) non-availability of Play Store to other

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