The Madras High Court passed a judgement on 25th of April, 2023 in which it passed an interim injunction restraining Google from delisting apps from Play Store which do not wish to follow the new pricing policy. This was seen in the case of Matrimony.Com Ltd v Alphabet Inc and Ors. (O.A.No.366 of 2023 in C.S (COMM DIV) No.98 of 2022) and the case was presided over by The Honourable Mr. Justice S. Sounthar
FACTS OF THE CASE:
The petitioner is an internationally renowned online matrimonial application, Matrimony.com Ltd, of the parent company named Bharath Matrimony. The respondent in their new pricing policy made use of Google Play Billing System “GPBS” mandatory and exclusive for processing payments.
In the recent Investigation Report of the Competition Commission of India, the respondents were directed to not restrict app developers from using any third-party billing/payment processing services. The respondents then provided the option of “Alternative Billing System/User Choice Billing” but alongside GPBS. For using GPBS, the petitioners had to pay 15% for the first $1M (USD) revenue earned every year. If the revenue crossed $1M (USD), they had to pay 30%. Even for alternative billing choices, the respondents charged 11% to 26%.
The petitioners found this policy unconscionable and hence this petition.
JUDGEMENT:
The learned single judge after listening to the contentions of both parties, passed an interim injunction restraining Google from delisting apps from Play Store which do not wish to follow the new pricing policy. Delisting the petitioners from Play Store would cause them unrepairable damage. The respondents are to comply with the orders passed by the Competition Commission of India in its letter and spirit.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA
