Supreme Court considers transferring Amazon, Flipkart cases to Karnataka High Court

The Supreme Court of India on Monday, December 16, indicated that it might transfer all ongoing petitions related to Amazon and Flipkart to the Karnataka High Court. The Competition Commission of India (CCI) had filed a plea requesting the transfer of 24 writ petitions filed by sellers against it, to either a single High Court or directly to the Supreme Court, in an effort to streamline the process.

As per the media reports, the petitions are currently spread across multiple high courts, including those in Delhi, Punjab & Haryana, Allahabad and Karnataka. The bench, comprising Justices AS Oka and Manmohan, remarked that, on a prima facie basis, all cases should be consolidated and handled by the Karnataka High Court, as it is already hearing some of the petitions.

During the hearing, the court allowed petitioners to add new parties to the case and directed them to amend the cause title within two days. Notices were issued, with a return date set for January 6. In the meantime, the Karnataka High Court was instructed not to proceed with the cases under its consideration. The court’s order also noted that further hearings would be held on January 6 to assess the situation in detail.

The CCI, represented by Attorney General R. Venkataramani and Additional Solicitor General N. Venkataraman, did not oppose the transfer of the cases to the Karnataka High Court. Amazon's legal team, however, raised concerns that some parties had not been added as respondents, prompting the court to hold off on issuing a final decision until all parties are properly heard.

Earlier this year, the CCI found both Amazon and Flipkart in violation of competition laws. The watchdog concluded that the two e-commerce giants were giving preferential treatment to certain sellers on their platforms, potentially distorting market competition. The CCI’s findings highlighted that Amazon was prioritizing specific sellers, which helped them capture more customer attention, while Flipkart was providing favored sellers with substantial benefits, such as marketing and delivery services at minimal costs.

The Supreme Court’s decision on the transfer of cases will be revisited on January 6.