After the recent move of Amazon, Flipkart is now after the
CCI for another move.
Flipkart has filled a writ petition in the Karnataka High
Court, Challenging the Competition Commission of India’s (CCI’s) order on
probing some of its Business practises. This happened due to the complaint
filed against the ecommerce sites by the Delhi Vyapar Mahasangh, a Traders
body. The complaint was, based on the ecommerce sites providing deep discounts
on online sales of smartphones and sellers. This was a suspicious matter where
the CCI came into investigate soon after filling the complaint. At first Amazon
was filed against as they have got a interim stay on the probe from the high
court. According to the Investigation Flipkart also have the chances of getting
a similar Stay order.
According to the sources, Flipkart’s main contention
revolves around Section 19 (3) of the competition Act, which stipulates Six
parameters that the competition watchdog needs to consider while
evaluating if a firm has violated the
norms. These include creation of barriers to new entrants, driving existing
competitors out of the market and improvements in production or distribution of
goods or provision of services. Those petition of Flipkart talks about how some
of those parameters were not considered by the CCI while ordering for a probe.
The High Court did not find any merit in CCI’s order. When the analysis of the
order was done it was found that CCI did not follow set norms for such matters.
The order says Flipkart submitted that jurisdiction of high court under Article
226 of the constitution was upheld by the supreme court In the Bharthi Airtel
case. Trade body CIAT says the petition by Flipkart meant these firms are
scared of the Government Investigation.
Summing up to all, e-commerce giants Amazon and Flipkart are
in trouble with the CCI investigation. It cannot be determined on how long this
stay will go on. The suspicions on Discounts may or may not affect the sales of
the sites in the future.
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