The Competition Commission of India (CCI) has made a significant move by urging the Supreme Court to consolidate all cases against e-commerce giants Amazon and Flipkart. This is part of an effort to expedite the ongoing antitrust probe. The CCI's petition seeks the consolidation of multiple proceedings filed by at least 20 e-tailers of Amazon and Flipkart at various high courts. These e-tailers allege that the two e-commerce giants are attempting to "scuttle the investigation."
The matter pertains to a 2019 antitrust probe against Amazon and Flipkart for allegedly giving preferred treatment to some e-tailers, including Cloudtail India Pvt, Samsung India Electronics Pvt, Vivo Mobile India Pvt Ltd, and Appario Retail Pvt. The CCI has stated before the apex court that multiple proceedings initiated before the high courts aim to 'stall' the proceedings before the regulator.
The cases filed before different high courts are an attempt to scuttle the well-established procedure of investigation laid down under the Act, and if allowed to continue, it will lead to absurdity. The competition watchdog has pointed out that writs filed by e-tailers are based on entirely misconceived issues of law, resulting in grave prejudice to the regulator. This is because the regulator's enquiry has been halted, which is affecting the public and e-commerce sector as a whole.
The commission has stated that all arguments that are being made before various high courts can be raised before the commission itself. It has been contended that the non-confidential version of the investigation report has been shared with the parties involved, and such parties can object wherever it is deemed fit. Amazon and Flipkart were yet to comment.
The plea seeks that these matters, which are presently being heard by 6 different high courts across the country, be combined and heard by either the Supreme Court or the Delhi High Court. The CCI's move to consolidate cases against Amazon and Flipkart is a significant step in expediting the antitrust probe. This move is in line with the CCI's mandate to ensure fair competition in the market and prevent practices that have an adverse effect on competition.
The CCI's petition underscores the challenges faced by regulators in dealing with complex cases involving multiple parties and jurisdictions. The consolidation of cases will not only expedite the investigation but also ensure a uniform approach to the issues at hand.
