The Competition Commission of India (CCI) told the Delhi High Court on Friday that Google’s plea against the alleged leak of confidential investigative information was completely false and an attempt was made to thwart proceedings related to its Android smartphone agreements.
Additional Solicitor General N Venkataraman, representing the CCI, said the commission stood by the legal obligation with regard to maintaining confidentiality and clarified that there was no lapse on the part of the body.
“There are allegations against a government body and there is not a word (in Google’s affidavit) as to when and how it was done… They are trying to sabotage the proceedings. If they are angry with it then they (media) ) should be filed against.
“They want the process to be foiled,” said ASG Venkataraman, who also told the court that “we will sue you” after one of the Google executives wrote to the CCI president.
Justice Rekha Palli said she does not appreciate the US-based tech giant directly approaching the authority.
“If he wants to work in the country, he has to know the law. I don’t appreciate it.. If he feels so strongly, he should have addressed the letter to the Registrar (of the CCI),” the judge said.
Senior advocate Abhishek Manu Singhvi, representing Google, highlighted that the allegedly leaked information was only with the Director General, who forwards it to the CCI and no other person including the parties knows about it.
“Please look at the habitual defaulter. Leakage is happening every day… defame the dog and hang him with selective leakage.’
They argued that the CCI order, on Google’s appeal, against the DG’s order on its “privacy claim”, was passed without following the principles of natural justice.
“Let them say till Monday that they will not allow any more leaks,” the senior lawyer said.
“Don’t put words in his mouth. You don’t give me DG order (with respect to privacy claim and) today you want an order from me,” the judge listed the matter for further hearing on September 27.
Google had said in a statement that on September 18, 2021, a confidential interim fact-finding report submitted to the CCI by the DG’s office relating to the investigation into Google’s Android smartphone agreements was leaked to the media.
The company said it has petitioned the court to seek redress of its complaint, specifically protesting a breach of trust that undermines Google’s ability to defend itself and harms it and its affiliates. .
According to reports, the CCI investigation has found that Google has allegedly abused its dominant position and indulged in unfair practices with respect to the mobile operating system Android.
In early 2019, the watchdog ordered a detailed investigation against Google in this regard, after it prima facie discovered alleged violations of competition norms.
As per the procedure, the CCI will closely analyze the investigation report and seek the views and submissions of the concerned parties before passing the order.
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