The Delhi High Court today asked the Competition Commission of India (CCI) to consider afresh US-based Internet firm Google's plea against its order to probe into the allegation of abuse of its dominant position in the online search advertising space.
The respondent No.1 (CCI) in the present case dismissed the application of the appellants (Google Inc. and two others) review/recall being of the opinion that it is not vested with such a power.
"The matter has thus to be remanded to the CCI for consideration of the application of the appellants for review/ recall afresh," a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said, adding that the CCI would decide the same within two months.
The court's order came on a plea moved by Google Inc., which submitted that the CCI has dismissed their petition seeking to recall April 15, 2014 order by which it has directed a probe into a complaint lodged by an entrepreneur who also runs a website.
It had also sought a direction for restraining the CCI from carrying out any further proceedings against them pursuant to the April 15, 2014 order.
The court, however, said "We intend to direct the CCI to dispose of the application within a definite time schedule and since during the pendency of these proceedings, the respondent No.1 CCI had assured that in the meanwhile investigation would not be concluded and no precipitative steps would be taken, we deem it appropriate that the said arrangement continues till the fresh decision of the application for review/ recall by the respondent No.1 CCI."
Google Inc. had said in their plea that the April 15, 2014 order of the CCI ordering investigation against the appellants had been passed without hearing them and they were justified in applying to the CCI for recall of that decision. Google had said that it has challenged the jurisdiction of the CCI in its appeal relating to a complaint filed by entrepreneur Vishal Gupta before the panel.