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ARTICLE · 05 JULY 2022

Antitrust Law: Competing Claims Of Confidentiality And Disclosure Norms

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The National Company Law Appellate Tribunal (NCLAT), in a recent judgment, upheld the ₹200-crore penalty imposed on e-commerce giant Amazon by the ...

IndiaAntitrust/Competition Law

A recent NCLAT ruling in the Amazon-Future group case tests the limits of confidentiality under arbitration law

The National Company Law Appellate Tribunal (NCLAT), in a recent judgment, upheld the ₹200-crore penalty imposed on e-commerce giant Amazon by the Competition Commission of India (CCI) and directed the company to pay it within 45 days.

The CCI order, dated December 17, 2021, penalised Amazon for “misleading” the anti-trust regulator through “false statements” and “material omissions” on its dealings with the Future group. The CCI's decision came two years after some irregularities were flagged in Amazon's proposed acquisition of a 49 per cent shareholding in Future Coupons Pvt Ltd (FCPL), which had been earlier approved by CCI.

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