Google International Llc
Case brief
What is this about?
The Commission assessed Google's proposed 7.73% investment in Jio Platforms and a smartphone collaboration. Finding insignificant market overlap and no net neutrality or data privacy violations, the combination was approved as not likely to harm competition.
What did the court decide?
The Commission approves the Proposed Combination under Section 31(1) of the Act.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2020/09/775)
11th November, 2020
Notice under Section 6(2) of the Competition Act, 2002 filed by Google International LLC
CORAM:
Mr. Ashok Kumar Gupta Chairperson
Ms. Sangeeta Verma Member Mr. Bhagwant Singh Bishnoi Member
Order under Section 31(1) of the Competition Act, 2002
A. BACKGROUND
- On 23rd September 2020, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), filed by Google International LLC ( Google ). The Notice was given by Google in relation to its proposed acquisition of approximately 7.73% of the equity share capital in Jio Platforms Limited ( Jio Platforms ), a subsidiary of Reliance Industries Limited ( RIL ).
- The Notice was given pursuant to execution of an Investment Agreement ( Investment Agreement ), executed between Google, Jio Platforms and RIL on 14th July 2020. Certain Google group entities have also executed a Foundational Commercial Agreement ( FCA ) with Jio Platforms to collaborate and develop new low-cost smartphones and operating system for such devices.
Issues for consideration
3 issues framed by the court
Whether the proposed acquisition of 7.73% equity in Jio Platforms by Google and a business collaboration raise concerns of appreciable adverse effect on competition.
Whether the combination leads to preferential treatment of Google content/apps on Jio's network violating net neutrality obligations.
Whether the collaboration results in unrestricted access to or sharing of the parties' user data banks.
Parties & counsel
- petitioner
Google International LLC
- respondent
Competition Commission of India
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
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