Net Neutrality & The Debate Around It

Google appeals against Competition Commission of India’s ‘search bias’ verdict


Note4students

Mains Paper 2: Polity | Statutory, regulatory & various quasi-judicial bodies

From UPSC perspective, the following things are important:

Prelims level: National Company Law Appellate Tribunal (NCLAT), Competition Commission of India

Mains level: Rules governing business competition in India and their enforcement measures


Appeal against ‘abusing its dominance’ charge

  1. Online search giant Google has filed an appeal at the National Company Law Appellate Tribunal (NCLAT) against a judgment from India’s competition watchdog that found it guilty of “search bias”
  2. The antitrust watchdog had fined the U.S. firm ₹1.36 bn for ‘abusing’ its dominance

Background

  1. In February, the Competition Commission of India (CCI) had imposed a ₹1.36 billion fine on Google, saying it was abusing its dominance in online web search and online search advertising market
  2. The Commission found that Google, through its search design, had placed its commercial flight search function at a prominent position on the search results page to the disadvantage of businesses trying to gain market access

Back2Basics

National Company Law Appellate Tribunal (NCLAT)

  1. National Company Law Appellate Tribunal (NCLAT) was constituted under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of National Company Law Tribunal(s) (NCLT), with effect from 1st June 2016
  2. NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by Insolvency and Bankruptcy Board of India under Section 202 and Section 211 of IBC
  3. NCLAT is also the Appellate Tribunal to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India (CCI)
  4. The President of the Tribunal and the chairperson and Judicial Members of the Appellate Tribunal shall be appointed after consultation with the Chief Justice of India
  5. The Members of the Tribunal and the Technical Members of the Appellate Tribunal shall be appointed on the recommendation of a Selection Committee consisting of—

    (a) Chief Justice of India or his nominee—Chairperson;

    (b) a senior Judge of the Supreme Court or a Chief Justice of High Court— Member;

    (c) Secretary in the Ministry of Corporate Affairs—Member;
    (d) Secretary in the Ministry of Law and Justice—Member; and

    (e) Secretary in the Department of Financial Services in the Ministry of Finance— Member

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