CCI plans to approach Supreme Court to resolve legal impasse in Amazon-Flipkart anti-trust case

India’s competition watchdog, the Competition Commission of India (CCI), is considering approaching the Supreme Court to resolve a legal logjam in an ongoing anti-trust investigation involving e-commerce giants Amazon and Flipkart. The case has sparked multiple writ petitions filed by sellers on these platforms, challenging CCI's procedural actions.

These petitions, filed in high courts across Karnataka, Telangana, Madras, and Kolkata, argue that the investigation report, which found Amazon and Flipkart guilty of favoring certain sellers, was flawed. The sellers claim there were procedural lapses, including the CCI treating them as opposing parties without proper permission, after initially seeking their information as third parties.

To streamline the process and avoid delays, CCI is seeking to have all these petitions consolidated and transferred to the Supreme Court. This move would allow for a more efficient resolution of the issues raised in the various petitions. The Commission’s investigation, which began earlier this year, looked into allegations of preferential treatment, exclusive product launches, and deep discounting by the two e-commerce platforms, all of which could be in violation of competition laws.

In August, CCI’s Directorate General of Investigation (DGI) submitted a report confirming that Amazon and Flipkart likely breached competition regulations. However, the progress of the case has stalled due to the ongoing legal challenges in the high courts. A key hearing took place on September 27, when the Karnataka High Court granted an interim stay on CCI’s proceedings. The next hearing is scheduled for November 20.

The CCI is now consulting legal experts on the possibility of having all related cases heard together in the Supreme Court to expedite the investigation.