Google filed before the NCLAT that it did not bind original equipment manufacturers (OEMs) as YouTube’s distribution channels, and a competing provider of Online Video Hosting Platform (OVHP) apps was the technology giant’s mobile application distributor. Claimed not precluded by contract (MADA). ) with OEM.
By tying Google Play with YouTube, the competition won’t be seized, rival OVHP apps will also be pre-installed, and they can have revenue-sharing arrangements and other arrangements with OEMs, Google attorney Arun Katopalia said. I submitted it to NCLAT at the hearing on the 6th day. On Monday he filed an Android appeal. These proposals were about the competitive effect of the partnership between Google Play and YouTube.
No Obligation to Provide Evidence to Google
Google filed that nothing prevented pre-installing or direct download of competing OVHP apps, adding that it did not prevent OEMs from pre-installing competing apps.
OEMs are not deterred from preinstalling additional apps, including apps that conflict with preinstalled apps under MADA.
Also Read: Android Case: The Story So Far of CCI’s Epic Antitrust Battle Against Google
MADA does not prohibit pre-installation, so competing apps can enter into pre-installation arrangements with OEMs.
It was submitted that Google is under no obligation to provide evidence of arrangements between OEMs and other app developers.
Google submitted that MADA has no exclusivity, pointing out that YouTube’s problem is really limited to MADA. So how can CCI say MADA is preventing others from being exclusive, he wondered Google’s lawyers.
“The test is only whether pre-installing a Google app prevents pre-installing or downloading a competing app,” Google’s attorneys filed.
vertical app
Google also said it was not correct for India’s competition commission to exclude certain vertical apps (music and video on demand) from the scope of the “relevant market”. It was filed that YouTube has music and movies on demand competing with multiple vertical apps.
Background
Recall that in its Android ruling, the CCI held that Google’s tying Google Play with YouTube would create an exclusionary effect by thwarting the efforts of rival app makers to compete with YouTube. This is because device manufacturers are obliged to preload YouTube on their devices in order to get Google Play. .
Competing app makers can’t pay device makers to install their apps exclusively on Android devices and reach users en masse, according to CCI.
CCI said such partnerships would reduce OEMs’ ability to pre-install competing apps, hurting competition in the market.
“By locking OEMs as distribution channels for YouTube, Google has further cemented its dominant position in the market. , competitors are excluded from the opportunity to compete for the app distribution benefits necessary to achieve efficient scale,” said CCI.
The CCI’s problem with Google’s strategy is that the Google Mobile Suite app comes pre-installed on premium placements on mobile phones (first page) and cannot be uninstalled. “Also, OEMs are given money to pre-install Google Apps. What should we do?” said the competition law expert.
Google for MADA
According to Google, MADA is a voluntary, royalty-free license agreement. OEMs are free to create Android devices without MADA signing. The Android source code is open source and available to anyone. MADA is an add-on offer and MADA does not mandate the signer to pre-install her GMS suite on a single her Android device. Instead, the OEM can choose to have his GMS suite preinstalled on some or all Android devices, or preinstalled on all Android devices.
OEMs must follow specific deployment requirements only if they voluntarily choose to pre-install GMS apps. In particular, a folder containing the Google Search Widget, Play Store, and other his GMS apps should be placed on the device’s home screen.
MADA is of great value to OEMs. Because Google agrees to give Play and a suite of high-quality apps to his OEM for free, and the OEM agrees to distribute his GMS apps with limited pre-installation and deployment requirements.
Similarly, Google claims that MADA encourages developers to create Android apps. The app developer understands that when an OEM distributes his MADA devices, at least one Android app distribution channel (Play) will be pre-installed on these devices.
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