The Madras High Court in the case Matrimony.Com Ltd v Alphabet Inc and others observed and has temporarily restrained Google from delisting the mobile applications of Matrimony.com Ltd from its Google Play Store. Thus, the Matrimony.com Ltd being the parent company of Bharath Matrimony.
The bench headed by Justice S Sounthar in the case observed and has passed the interim order in a suit filed by Matrimony.com, wherein the new payment of policy of Google is being challenged. Thus, Matrimony.com Ltd moved before the court for seeking an injunction wherein restraining the Alphabet Inc and other subsidiaries of Google from removing or delisting its matchmaking app from the Google Play Store for the refusal of it to accept the Google’s new payment policy.
Therefore, the court in the case granted the interim order till June 1, 2023 in favor of Matrimony.com.
The court in the case observed that there shall be an order of interim injunction wherein it restrains the respondents or defendants from removing or listing the mobile applications (mobile apps) owned and operated by the applicant in Google Play Store in India till May 01, 2023.
Before the court, it has also been submitted by the Matrimony.com in its application filed that it had entered into a Developer Distribution Agreement with the Google Asia Pacific for listing of its app in the Google Play Store. Therefore, the respondent in the case made the use of Google Play Billing System ‘GDPS’ mandatory and exclusive for processing payments for downloading paid apps and In-App Purchases.
The court in the case was also informed that the Competition Commission of India, CCI by its order dated 25.10.2022 in the case observed and has directed Google not to restrict the app developers from using any third-party billing or the payment processing services. Thus, it has also been submitted hat even after this order, Google in an attempt to circumvent the order, while permitting the app developers to use ‘Alternate Billing System or User Choice Billing’, alongside and being in addition to the GPBS.
It has also been argued by the Matrimony.com that the Google has been trying to take advantage of its monopoly in the Android platform and also the Google is compelling app developers in order to agree to their payment policy wherein the Google is charging service fees at the rate of 11% and at the rate of 26% in respect of payments which are being made through the Alternate Billing System.
It has also been submitted before the court that if the said company fails to agree to the new payment policy, their apps are being delisted from the Play Store. Therefore, fearing that it being the matchmaking application would also be delisted from the Google Play Store.
Accordingly, the Matrimony.com approached the court.
