The Hon'ble Supreme Court on 9 August 2021 passed an order
refusing to interfere with the judgment of the High Court of
Karnataka (High Court) allowing the Competition
Commission of India (CCI) to initiate a probe
against e-commerce giants Flipkart and Amazon. The present article
briefly evaluates the timeline of proceedings and the judgment of
the High Court which was approved by the Apex Court.
Brief Facts
The Delhi Vyapar Mahasangh (DVP) is a society
of traders comprising of Micro, Small, and Medium Enterprises who
dealt with smartphones and other accessories. DVP filed an
information on 24 October 2019 before the CCI under Section
19(1)(a) of the Competition Act, 2002 (Competition
Act) against Flipkart and Amazon (together referred to as
Companies). DVP alleged through its information
that the Companies were involved in alleged anti-competitive
practices and conduct, such as deep discounting, preferential
listing, sale of private label brands through