Google Antitrust Penalty Amount ‘Provisional’; CCI Awaits Requisite Financial Details

In light of the unreliable data submitted by Google, the Competition Commission has imposed a provisional penalty of Rs. 1,337.68 crore Internet Major.

On Thursday, the watchdog fined Google for abusing its dominant position in various Android mobile device markets and also ordered the company to cease and desist from various unfair business practices.

A fine of Rs. Rs 1,337.76 crore translates to 10% of Google’s average relative turnover over the last three financial years 2018-19, 2019-2020 and 2020-21.

According to the Competition Commission of India (CCI), Google has significantly increased the financial data filed on October 11, 2022 compared to December 17, 2021.

However, under the regulator’s order passed on Thursday, this data is still subject to various caveats, disclaimers, assumptions and exclusions.

“The Commission takes serious note of such glaring inconsistencies and far-reaching omissions in Google’s presentation of various data points. The Commission is compelled to note that, despite immense resources, Google has not provided the data in the manner requested. . Allowance of sufficient time, as requested by him,” the ICC said in an order issued Friday.

In a statement on Friday, Google said it will review the ICC order, calling it a “major setback” for Indian consumers and businesses.

According to the order, the aggregate revenue of various segments/heads for fiscal year 2021-21 is greater than Google’s total billing for that fiscal year.

“Therefore, taking a conservative approach at this stage, the Commission decides to take low-income data, as submitted by Google on 10.11.2022, as the relevant business to calculate the amount of the penalty. But,” he noted.

In the 293-page order, the regulator said the amount of the fine is “provisional and subject to review by Google subject to the submission of required financial details and supporting documents as requested by the regulatory order.” Commission dated September 19, 2022″. ?”

The Internet major has been asked to do the necessary work within 30 days of receiving the last order.

“It is further clarified that the basis for the determination of the sanction, that is, the relevant turnover, as well as the appropriate percentage thereof, has already been decided in this order.

“However, the actual amount of the penalty is subject to review based on revenue data submitted by Google and only to that extent is the current penalty provisional,” he said.

“This clearly shows that the data has not been reliably presented by Google. In this regard, it is noted that the Commission has given an unequivocal instruction to Google to verify the data of the public accountants’ certificates. It is not provided. but provided certificates from its own officials,” the regulator noted.

Contrary to Google’s assertions, the ICC said it found no mitigating factors in the present case justifying a reduction in the penalty count, but rather aggravating factors that Google’s conduct, at least Kim, has continued uninterrupted since then. 2011.

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