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ARTICLE · 22 APRIL 2016

Between The Lines - April 2016

This ends the uncertainty over the business model being used by India's biggest ecommerce companies which has been challenged in court by brick-and-mortar stores.

IndiaCorporate/Commercial Law

e-Commerce FDI Policy

The Ministry of Commerce and Industry has vide Press Note 3 of 2016 series, brought the much awaited clarity for Foreign Direct Investment (FDI) in the e-commerce sector, a move that will bring relief to large e-commerce companies like Amazon, Flipkart and Snapdeal. This ends the uncertainty over the business model being used by India's biggest ecommerce companies which has been challenged in court by brick-and-mortar stores.

Although, retail e-commerce, i.e., business-to-consumer (B2C) is generally not permitted, B2C e-commerce would be permitted under the following three circumstances: (i) manufacturer selling products manufactured in India through e-commerce retail, (ii) single-brand retail trading entity operating through brick and mortar stores and undertaking retail trading through e-commerce route, and (iii) an Indian manufacturer selling its own single brand products, being the owner of the Indian brand and manufacturing in terms of

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