Wednesday 18 May 2022
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Supreme Court rejects Amazon, Flipkart’s plea against CCI probe

The decision is a major setback for both Amazon and Flipkart as the Supreme Court appeal was seen as the last legal recourse to block the CCI pressing on with its investigation

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The Supreme Court on 9 August refused to halt an inquiry into Amazon and Flipkart’s business practices, rejecting their demands to pause a Competition Commission of India (CCI) probe.

The CCI had ordered the investigation last year for allegedly promoting select sellers on their e-commerce platforms and using business practices that stifle competition. The inquiry is also focused on accusations the two circumvent India’s laws by creating complex business structures.

The investigation has triggered public spats between the two e-commerce giants and the government. Both companies deny all wrongdoing and have mounted multiple legal challenges,

They have argued that the CCI did not comply with internal criteria for minimum evidence before ordering its probe and that it has not highlighted any agreement that violates existing laws.

However, a three-member bench led by Chief NV Ramana remained unconvinced with today’s arguments and even said Amazon and Flipkart should volunteer for such investigations.

“We expect organisations like Amazon and Flipkart… big organisations… they have to volunteer for inquiry and transparency. We expect that… and you don’t even want (an) inquiry,” the Chief said, adding, “You have to submit and inquiry has to be conducted.”

The e-commerce giants have been given four weeks to join inquiries against them.

Amazon and Flipkart, which is owned by an American multinational retail corp. WalMart, approached the top court after the Karnataka High Court last month dismissed pleas to quash the CCI probe.

In a major setback to their efforts to stall the antitrust investigations, the court told the companies that since they denied all allegations, “they should not feel shy in facing an inquiry”.

“The appeals are an attempt to ensure action initiated by the CCI does not attain finality,” a two-judge bench said, adding, “The appeals are devoid of merit, and deserve to be dismissed.”

Days later Flipkart moved the Supreme Court challenging the High Court’s decision.

A report by news agency Reuters cited a 700-page filing by Flipkart that asked the top court to restrain the CCI from asking what the company called an “invasive” investigation.

As part of its investigation, the CCI had posed 32 “sensitive” questions to Flipkart, including asking for a list of its top sellers, details of online discounts, and pacts with smartphone makers.

A day after that Amazon filed an appeal; details of its filing have not been made public.

Brick-and-mortar retailers in India have frequently accused Flipkart of favouring select sellers on its platforms to the disadvantage of other, smaller businesses.

And a Reuters investigation of Amazon documents between 2012 and 2019 suggest it gives similarly preferential treatment to some sellers and skirted increasingly tough foreign investment rules that affect e-commerce.

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