CCI introduces Leniency “Plus” regime in India- Will it suffice?
Apologies’ for the long gap !
As per an exclusive recent media report by Reuters , the Indian Antitrust Regulator, the Competition Commission of India (CCI) has found U.S. e-commerce giant Amazon (AMZN.O) , opens new tab and Walmart’s (WMT.N), opens new tab Flipkart violated local competition laws by giving preference to select sellers on their shopping websites.
The Reuters report refers to the outcome of the Director General of Investigation’s 1027-page report on Amazon and a separate 1,696-page report on Flipkart, both dated Aug. 9, 2024 , which says that the two companies were found to have created an ecosystem where preferred sellers appeared higher in search results, elbowing out other sellers. “Each of the anti-competitive practices alleged … were investigated and found to be true,” said both reports, which are not public and are being reported by Reuters for the first time. “Ordinary sellers remained as mere database entries,” the two reports said in identical conclusions on both companies, reports Reuters in this media report published on September 13, 2024.
As per the procedure of the CCI Antitrust Inquiry , both the Companies , having been forwarded the non confidential versions of the DG investigation report will now have to file their objections in writing , which will be followed by an all party Inquiry before the Commission , in which their Antitrust Attorneys will defend them .
This DG investigation report , which is on expected lines in a way , vindicates my views expressed earlier in my 2021 blog CAN AMAZON BE TAMED IN INDIA . Readers are advised to go through my views to know the possible defence which both Amazon and Flipkart’s lawyers are likely to take in their objections before CCI .
I will revert back to this topic after the final CCI order comes post the detailed inquiry .
Till then , let’s wait and watch !!
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