Relevant Market And Relevant Turnover In The Google Play Billing Case
Ali Asghar & Tejbeer Singh*
ABSTRACT
This article examines the order of the Competition Commission of India (CCI) in the Google Play Billing System (GPBS) case and its treatment by the National Company Law Appellate Tribunal (NCLAT), in light of regulatory experience in the European Union and South Korea. Both the CCI and the NCLAT found that Google abused its dominant position in the market for app stores for Android OS in India by mandating GPBS for paid apps and in-app purchases. The article argues, however, that the CCI’s relevant market analysis was incomplete. It failed to differentiate between the developer-facing and consumer-facing sides of the app store ecosystem and overlooked the distinct but connected market for facilitating in-app payments. Drawing on the European Commission’s approach in the Apple App Store and Google Android proceedings, and on South Korea’s amendment to its Telecommunications Business Act, the article contends that a more rigorous delineation of markets would have supported a fuller assessment of abuse under Sections 4(2)(c) and 4(2)(e) of the Competition Act, 2002, and a more proportionate penalty calculated on relevant turnover. It concludes with safeguards for future digital market cases.
Keywords: Competition Law; Abuse of Dominance; Relevant Market; App Stores; Google Play Billing System; In-App Payments; Relevant Turnover.
