Baglekar Akash Kumar v. Google Llc and another
Case brief
What is this about?
The Competition Commission of India examined an Information alleging that integrating Google Meet into Gmail violated Section 4(2)(e) by abusing a dominant position. The Commission determined that no prima facie case was made out as users were not compelled to use Meet and could access it independently or via other providers. The case was closed without penalty.
What did the court decide?
The Information was ordered to be closed forthwith.
What the court decided
COMPETITION COMMISSION OF INDIA Case No. 39 of 2020
In Re:
Baglekar Akash Kumar Room No. 47, E-1 Hostel Osmania University Campus, Tarnaka Hyderabad, Telangana – 500007 Informant And
Google LLC C/o Custodian of Records 1600 Amphitheatre Parkway Mountain View, CA 94043 United States of America Opposite Party No. 1 Google India Digital Services Private Limited Unit 207, 2nd Floor Signature Tower-II Tower A Sector 15 Part II Silokhera, Gurgaon, Haryana India 122001 Opposite Party No. 2
CORAM:
Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member Mr. Bhagwant Singh Bishnoi Member
Case No. 39 of 2020
1
Order under Section 26(2) of the Competition Act, 2002
- The Information in the present matter has been filed on 22.09.2020, under Section 19(1)(a) of the Competition Act, 2002 (‘ Act ’) by Mr. Baglekar Akash Kumar (‘ Informant’ ) against Google LLC (‘ OP-1 ’) and Google India Digital Services Private Limited (‘ Google Digital Services’/ ‘OP-2 ’) alleging contravention of the provisions of Section 4(2)(e) of the Act. The Opposite Parties are hereinafter collectively referred to as ‘ Google/ OPs ’.
Issues for consideration
3 issues framed by the court
Whether the integration of Google Meet into Gmail constitutes an abuse of dominant position under Section 4(2)(e) of the Competition Act, 2002.
Whether the Informant has discharged the burden to demonstrate a prima facie case warranting investigation.
Whether email services and direct messaging services constitute a single relevant market for the purpose of the allegations.
Parties & counsel
- applicant
Baglekar Akash Kumar
- respondent
Google LLC
- respondent
Google India Digital Services Private Limited
Coram
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