Supreme Court to Hear CCI Petition on Amazon, Flipkart Antitrust Cases

The Supreme Court is preparing to hear a petition filed by the Competition Commission of India (CCI) to consolidate multiple cases related to its 2019 antitrust investigation against e-commerce giants Amazon and Flipkart. The CCI argues that conflicting rulings from different high courts could undermine the integrity of the investigation, prompting the need for a unified judicial forum, according to CNBC TV18.

The CCI’s antitrust probe centers on allegations of unfair trade practices by the two companies, including preferential treatment of certain sellers, deep discounting, and promoting exclusive arrangements. These actions are claimed to violate Indian competition laws and harm smaller businesses trying to compete in the digital marketplace.

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The investigation was sparked by complaints from the Delhi Vyapar Mahasangh (DVM), a group representing small traders. The DVM accused Amazon and Flipkart of practices that stifle competition, including providing special privileges to preferred sellers. Among these allegations are claims that Amazon’s Cloudtail and Appario, and Flipkart’s Omnitech Retail, benefit from reduced platform fees and greater visibility. This preferential treatment allegedly enables these sellers to offer discounts that smaller sellers cannot match.

Additionally, the e-commerce platforms have faced criticism for promoting their own private label products through these preferred sellers, disadvantaging independent brands. The CCI probe also highlighted exclusive deals with manufacturers, which restrict consumer choice and limit competition in the market.

The CCI has expressed concerns that fragmented rulings from various high courts could hinder its ability to address the overarching competition issues posed by the eCommerce giants. By seeking consolidation of the cases in the Supreme Court, the regulator aims to streamline legal proceedings and ensure a consistent approach to the investigation.

Source: CNBC TV18