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ARTICLE · 19 AUGUST 2021

Market Intelligence Thought Leadership Award Winner

Amazon – Flipkart Saga: Apex Court Green Lights Antitrust Probe

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On 9 August 2021, the Hon'ble Supreme Court of India (Supreme Court) allowed the Competition Commission of India (CCI) to proceed with its investigation into alleged anti-competitive practices...

IndiaAntitrust/Competition Law
Manas Kumar Chaudhuri
Manas Kumar Chaudhuri
Anisha Chand
Anisha Chand
Nilav Banerjee
Nilav Banerjee
Yatharth V. Singh
Yatharth V. Singh
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On 9 August 2021, the Hon'ble Supreme Court of India (Supreme Court) allowed the Competition Commission of India (CCI) to proceed with its investigation into alleged anti-competitive practices by Amazon Seller Services Private Limited (Amazon) and Flipkart Internet Private Limited (Flipkart) (collectively “OPs”).

Litigation History

1.

CCI

On 24 October 2019, the Delhi Vyapar Mahasangh filed an information, alleging violations under the vertical restraints and abuse of dominance provisions (i.e. Section 3(4) and Section 4, respectively) of the Competition Act, 2002 (Act) by the OPs by engaging in practices such as deep discounting, exclusive tie-ups, preferential listing, and promotion of private labels.1 The CCI while rejecting arguments on joint dominance by the OPs under Section 4 of the Act, sustained a prima facie case under Section 3(4) of the Act by preliminarily upholding market power attributable to each of the OPs individually. 

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