Consolidate Cases Against Amazon And Flipkart To Expedite Antitrust Probe: CCI Urges SC

The cases filed before different high courts are an ‘attempt to scuttle the well-established procedure of investigation laid down under the Act’

The Competition Commission of India (CCI) has urged the Supreme Court to consolidate all the cases against e-commerce giants Amazon and Flipkart in the country to expedite the antitrust probe.

In a petition, the nation’s competition watchdog sought consolidation of multiple proceedings filed by at least 20 e-tailers of Amazon and Flipkart at various high courts, alleging that they attempt to “scuttle the investigation” against the two e-commerce giants.

The matter pertains to a 2019 antitrust probe against Amazon and Flipkart for giving preferred treatment to some e-tailers, including Cloudtail India Pvt, Samsung India Electronics Pvt, Vivo Mobile India Pvt Ltd and Appario Retail Pvt, according to reports.

The CCI stated before the apex court that multiple proceedings initiated before 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."

It has been alleged that the cases intend to restrict CCI’s investigation only against those parties that have been identified by the regulator for the purposes of an investigation. The competition watchdog pointed out that writs filed by e-tailers are based on entirely misconceived issues of law, resulting in grave prejudice to the regulator, “as its enquiry has been halted, which is affecting the public and e-commerce sector as a whole,” the petition reads.

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 six different high courts across the country, be combined and heard by either the Supreme Court or the Delhi High Court.