In an order, the regulator has asked its director general to wrap up the investigation and submit a consolidated report within 60 days.
“On a holistic consideration of the facts and circumstances of the present case, the Commission is of the prima facie view that Google appears to be in violation of Sections 4(2)(a)(i), 4(2)(b), and 4(2)(c) of the (Competition) Act, as detailed in this order, which warrants detailed investigation,” the CCI said in the order.
The allegations pertain to Google’s abuse of dominant position and restrictive policies towards online gaming companies, among others.
The order says Winzo has submitted that Google operates ‘Google Play’ wherein third-party app developers make available their apps to the users. It claims that “in order to host apps on Google Play, the app developers must agree with Google’s one-sided Developer Distribution Agreement and Developer Program Policies which contain unreasonable and unjust conditions”.
Winzo has also submitted that Play Store restricts hosting of gaming applications that offer real money games in India.
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The gaming company claimed that due to this unreasonable and restrictive policy of Google, all apps offering real money games of skill are only available for download from their website (a process called sideloading).“Thus, the informant’s (Winzo’s) app can only be downloaded using its website. It has been submitted that when users access the website for downloading the Informant’s app on Android devices, a disclaimer/warning is displayed,” the order said, citing Winzo’s claim.
“As per the informant, the aforesaid warning is peculiar to the Google operated Android OS and lack any merit or reason and is completely illegal. The same is claimed to be not only misleading which tarnishes Informant’s market reputation but also is an active misrepresentation resulting in loss of business,” the order said.
