The Competitors Fee of India has sought consolidation of a number of proceedings filed by at the very least 20 e-tailers of Amazon and Flipkart at varied excessive courts alleging that they try and “scuttle the investigation” in opposition to the 2 e-commerce giants.
The matter pertains to a 2019 antitrust probe in opposition to Amazon and Flipkart for giving most popular remedy to some e-tailers, together with Cloudtail India Pvt., Samsung India Electronics Pvt., Vivo Cell India Pvt., and Appario Retail Pvt.
Underscoring the grounds for looking for consolidation, the CCI said earlier than the apex courtroom that a number of proceedings initiated earlier than the excessive courts intention to ‘stall’ the proceedings earlier than the regulator.
The doc notes that circumstances filed earlier than totally different excessive courts are an “try and scuttle the well-established process of investigation laid down beneath the Act,” and if allowed to proceed, it would result in “absurdity.”
The CCI additional famous that such an try and delay would profit the contravening events and can act as a detriment to wholesome competitors within the related markets and to crores of shoppers.
The competitors watchdog identified that writs filed by e-tailers are primarily based on fully misconceived problems with regulation, leading to grave prejudice to the regulator, “as its enquiry has been halted, which is affecting the general public and e-commerce sector as a complete,” the petition reads.
NDTV Revenue has reviewed a duplicate of the petition filed earlier than the highest courtroom. The case will seemingly be developing earlier than the Chief Justice of India, Sanjiv Khanna, on Monday.
The fee has said that every one arguments which might be being made earlier than varied excessive courts might be raised earlier than the fee itself.
It has been contended that the non-confidential model of the investigation report has been shared with the events concerned, and such events can object wherever it’s deemed match.
An electronic mail despatched to Amazon and Flipkart remained unanswered.
As well as, it has been alleged that the circumstances intend to limit CCI’s investigation solely in opposition to these events which were recognized by the regulator for the needs of an investigation. The CCI famous that this might doubtlessly result in a state of affairs the place the DG, regardless of discovering proof, is unable to totally examine the matter, which might be opposite to the Act’s construction and the pursuits of justice.
The plea seeks that these issues, that are presently being heard by 6 totally different excessive courts throughout the nation, be mixed and heard by both the Supreme Court docket or the Delhi Excessive Court docket.
