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Google has urged India’s Supreme Court to overturn antitrust directives against it for misusing the Android market, two sources said, as it presses its legal battle against a competition watchdog in one of its most important markets.

The Competition Commission of India (CCI) said in October that Google, whose Android mobile operating system powers 97% of the 600 million smartphones in India, had abused its dominant position.

It ordered Google to remove restrictions on device makers, including those related to pre-installation of applications, and imposed a fine on the US company of $ 163 million, which it paid.

In March, an Indian court gave a partial relief to the Alphabet Inc unit by rescinding four of the 10 directives in the case.

The court said the CCI’s findings about Google’s anti-competitive behavior were correct, but it gave Google some relief by rescinding some directives that forced it to change its business model.

The first source with direct knowledge said Google is now asking the Supreme Court to overturn the rest of the directive.

The source added that Google also argues in its filing on Monday that it did not abuse its market position and should not be responsible for paying a fine.

Google confirmed the Supreme Court filing in a statement, saying it looks forward to presenting its case and showing how Android has benefited users and developers.

Google said the Indian court had ordered authorities to prove harm from anti-competitive conduct “but did not apply this requirement” to several CCI directives for Android, explaining the rationale for its latest challenge.

Google’s Supreme Court appeal has not been previously reported.

CCI has also approached the Supreme Court, seeking to reverse the court’s decision to grant Google partial relief, according to a third source. CCI did not respond to a request for comment.

Google was particularly concerned about the Android decision in India, where the directives were seen as more sweeping than those imposed in the European Commission’s landmark 2018 ruling against the operating system.

Google has made sweeping changes to Android in India in recent months following the directive, including allowing device makers to license individual apps for pre-installation.



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