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ARTICLE · 25 MARCH 2026

Competition Monthly - March 2026

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The Supreme Court of India, by its order dated 03 February, 2026, partly allowed the appeal filed by Flipkart India Pvt. Ltd. against the Competition Commission of India...

IndiaAntitrust/Competition Law
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SUPREME COURT REMANDS FLIPKART CASE TO NCLAT IN APPEAL AGAINST CCI INVESTIGATION

The Supreme Court of India, by its order dated 03 February, 2026, partly allowed the appeal filed by Flipkart India Pvt. Ltd. against the Competition Commission of India (CCI) and set aside the judgment of the National Company Law Appellate Tribunal (NCLAT) dated 04 March, 2020. The Court remanded the matter to the NCLAT for fresh consideration.

The dispute originated from allegations made by the All India Online Vendors Association (AIOVA) that Flipkart engaged in anti-competitive practices such as preferential treatment to certain sellers, deep discounting, and possible predatory pricing on its e-commerce marketplace. The CCI had earlier dismissed the complaint in 2018, holding that Flipkart was not dominant in the relevant market for online marketplace services due to the presence of competing platforms such as Amazon and other entrants.

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