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MOSCOW, June 2. /TASS/. The appeal filed by Google against the decision of the Moscow Arbitration Court that recognized the US corporation liable to breach of antimonopoly laws will be considered during the closed session. The case trial is postponed until June 30, TASS reports from the Ninth Arbitration Court of Appeal on Thursday.
"The court deliberated and determined to satisfy the appeal and try the case during the closed court session," the judge said. Google’s representative that filed such a petition noted that proprietary commercial information may be presented when the case is tried.
The reasons to postpone consideration of the appeal were not clarified.
In March 2016, the Russian Federal Antimonopoly Service (FAS) initiated administrative proceedings against Google to determine the amount of fine under part 2 article 14.31 of the Russian Code of Administrative Offences. According to the article, in view of the abuse of dominant position on the market of operating systems for mobile devices in Russia, Google as the owner of the Android OS can pay a fine ranging from 1% to 15% of its revenues on the Russian market in 2014.
In January 2016, Head of FAS Igor Artemyev said Russia’s competition law violation penalty for US Google Corporation will most likely amount to 7% of the turnover in 2014 with addressed inflation. According to Artemyev, the fine will most likely be 7% of the annual turnover, subject to various factors and aggravating circumstances: protraction of process, etc.
On September 14, 2015, the Federal Antimonopoly Service ruled that Google Inc. and Google Ireland Ltd. had breached the competition protection law under the complaint of the Russian Internet company Yandex. According to the regulator, Google obliged manufacturers of Android OS-based devices to pre-install its applications together with Android platform. FAS said that Google’s policy restricted installation of applications by other developers. Google did not agree with the ruling and appealed to the court.
Google did not agree with FAS decision and appealed to the court. On February 5, 2015, the Court brought Yandex as a third party in the case and decided to hold hearings behind closed doors. On March 14, the Moscow Arbitration Court has dismissed the lawsuit Google filed against Russia’s FAS.