CCI moves SC to expedite antitrust probe against Flipkart, Amazon
What's the story
The Competition Commission of India (CCI) has moved the Supreme Court, seeking the consolidation of all cases against e-commerce behemoths Amazon and Flipkart.
The move comes as part of efforts to expedite an ongoing antitrust probe.
The CCI's petition specifically targets several proceedings filed by over 20 e-retailers of Amazon and Flipkart in different high courts, alleging they are trying to "scuttle the investigation" against the two e-commerce giants.
Obstruction
CCI alleges HC proceedings aim to stall investigation
The CCI has alleged that the multiple proceedings filed in high courts are aimed at 'stalling' the regulator's investigation.
The watchdog claims these cases are an "attempt to scuttle the well-established procedure of investigation laid down under the Act," and if permitted to continue, could lead to "absurdity."
The petition further says these cases seek to restrict CCI's probe only against those parties identified by it for investigation purposes.
Misconceptions
E-tailers' writs are based on misconceived legal issues
The CCI has argued that the writs filed by e-tailers are based on entirely misconceived issues of law, resulting in grave prejudice to the regulator.
The petition states, "As its enquiry has been halted, it is affecting the public and e-commerce sector as a whole."
The commission further contends that all arguments being made before various high courts can be raised before the commission itself.
Disclosure
CCI shares non-confidential version of investigation report with parties
The CCI has shared a non-confidential version of the investigation report with the parties involved in the case. The commission claims these parties can raise objections wherever they see fit.
However, neither Amazon nor Flipkart have commented on this, as of now.
The plea seeks to club these matters, being heard by six different high courts across India, and have them heard by either SC or Delhi HC.
Restrictions
CCI claims HC petitions restrict its investigative powers
The CCI has told the SC that two dozen writ petitions filed in HCs by companies like Cloudtail India, Appario Retail, Samsung India Electronics, and Rocket Kommerce LLP indirectly seek to restrict the regulator's investigative powers.
These writ petitions have virtually stalled CCI's proceedings in the case of alleged anti-competitive behavior of Amazon and Flipkart, as several HCs had granted interim stay on CCI's proceedings against these companies.