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Delhi High Court defers Google petition accusing Competition Commission of India of leaking confidential report

Recently, Reuters had reported that Google abused the dominant position of its Android operating system using its huge financial muscle, on the basis of the Confidential Report of CCI. Times of India had also made a similar averment.

The Delhi High Court on Friday deferred a petition filed by Google accusing the Competition Commission of India (CCI) of leaking its confidential report pertaining to an antitrust investigation of the tech giant to Monday, September 27.

A Single-Judge Bench of Justice Rekha Palli granted Google time to submit the afore-mentioned confidential report in a sealed cover. Recently, Reuters had reported that Google abused the dominant position of its Android operating system using its huge financial muscle on the basis of the Confidential Report of CCI. The Times of India had also made a similar averment.

Arguments Advanced:

Google:

Senior Advocate Abhishek Manu Singhvi, appearing on behalf of Google, submitted the CCI confidential report was leaked to the media, even before a copy was served to Google. He placed reliance on stories covered by Reuters and Times of India to further his point.

Justice Rekha Palli replied “It’s okay. Even before our orders are uploaded, they are reported by media.”

Senior Advocate Singhvi contended CCI had made an admission of guilt when, they wrote to Google conceding, the issue of leaks was a serious matter and warranted an enquiry. He further stated CCI order had stated the names of the Original Equipment Manufacturers could not be revealed, but the CCI has also leaked that.

Competition Commission of India

Senior Advocate N. Venkataraman appearing on the behalf of CCI informed the court that senior executive of Google from California had written a letter to the CCI chairman threatening to sue them.

Justice Rekha Palli to Singhvi: “Advice your client, if they want to work in India, they must know the law.”

Senior Advocate Venkataraman indicated if the media has leaked the information, Google should file a case against them. He vehemently denied the averments made by Google and sought dismissal of the petition.

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