Kshitiz Arya Vs Google LLC (Competition Commission of India)
In a significant move under India’s amended competition laws, tech giant Google has settled a long-standing antitrust case with the Competition Commission of India (CCI) concerning its practices in the Android TV market. The settlement, marking the first such resolution under the 2023 amendments to the Competition Act, involves Google paying a sum of ₹20.24 crore.
The case, initiated in 2021 following a complaint, centered on allegations that Google was abusing its dominant position by imposing restrictive agreements on smart TV manufacturers (Original Equipment Manufacturers or OEMs). The CCI’s investigation found that Google held dominant positions in both the market for licensable smart TV operating systems and the app stores for Android smart TVs in India. I’s investigation highlighted several practices deemed anti-competitive:
- Mandatory pre-installation of the Google TV Services suite: This required OEMs to install a bundle of Google applications if they wanted to offer the Play Store on their Android TVs.
- Android Compatibility Commitments (ACC): These agreements allegedly prevented OEMs from developing or using forked versions of Android, limiting their flexibility and innovation.
- Tying of YouTube with the Play Store: This practice was seen as leveraging Google’s dominance in the app store market to protect its position in the online video hosting platform market.
Under the settlement agreement, Google has committed to several changes through a “New India Agreement”:
- Standalone licenses for Play Store and Play Services: Google will now offer OEMs the option to license the Play Store and Play Services for Android smart TVs independently, without the obligation to pre-install other Google apps. This addresses the mandatory bundling concerns.
- Waiver of Android Compatibility Commitments (ACC): For devices shipped to India without Google apps, OEMs will no longer be required to adhere to ACC. This provides them with greater freedom to develop and sell Android devices that may not be fully compatible with Google’s ecosystem without violating the Television App Distribution Agreement (TADA).
The CCI, in its official release on Monday, April 21, 2025, stated that it had accepted Google’s settlement proposal after reviewing the company’s commitments under the “New India Agreement.” The ₹20.24 crore settlement amount was determined after considering Google’s relevant turnover in the Android TV market in India and applying a 15% settlement discount as per the CCI’s Settlement Regulations, 2024. Google had already deposited this amount on April 8, 2025.
