SC to hear CCI plea seeking transfer of Amazon, Flipkart cases

The Supreme Court of India is set to hear a plea from the Competition Commission of India (CCI), requesting the consolidation of multiple proceedings against ecommerce giants Amazon and Flipkart. The plea aims to transfer 24 writ petitions related to alleged anti-competitive practices from six high courts to a single High Court or the Supreme Court itself.

The petitions, currently pending across the high courts of Delhi, Punjab and Haryana, Karnataka, and Allahabad, among others, involve accusations that Amazon and Flipkart have violated competition laws. CCI has proposed that these cases be transferred preferably to the Delhi High Court to expedite adjudication and avoid conflicting rulings.

This move follows a CCI report from September, which found both Amazon and Flipkart guilty of flouting antitrust guidelines by favoring select sellers on their platforms. The report concluded that ordinary sellers were sidelined as mere database entries, while preferred sellers received advantages such as better online listings, marketing services, and reduced delivery costs.

The issue first arose in 2020 when the CCI ordered a probe after receiving complaints from the trade body Delhi Vyapar Mahasangh. The complaints alleged that Amazon and Flipkart promoted certain sellers with which they had business arrangements. Despite multiple legal challenges from the companies, the Supreme Court upheld the investigations in 2021. The CCI subsequently conducted raids on the offices of Amazon India and Flipkart sellers in 2022, collecting emails, documents, and data.

The Supreme Court, led by Chief Justice Sanjiv Khanna, is expected to list the matter for hearing on Friday.