AMAZON FILES PETITION AGAINST CCI ORDER before Karnataka High Court
Recently amazon filed one petition in Karnataka high court in violation of competition law ordered by the competition commission of India.
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This matter was heard by justice PS Dinesh Kumar of Karnataka high court. And from amazon senior advocate sajan poovayay and Gopal Subramaniam appeared in the court for the argument.in this hearing Subramaniam argued on the behalf of amazon that the order CCI passed ‘’without application of mind’’ and which leads to effect to the amazon reputation of the company.
In this case Subramaniam argued that consumer benefit in e- commerce is very important. And discounts and other deals are part of the market dynamics. And these are the tactics to attract more investors and newcomers into the market. And it will not affect the market principle. And amazon also states that the agreement which made between the manufacturer and seller in this process amazon has no role of it to play.
In this petition it also stated that CCI order was arbitrary and not maintainable in law. And thus, they prayed for the quashing or set aside of CCI order. And moreover, in this case they also pointed out on the FDI policy that in present time that 100% automatic route is allowed in FDI in marketplace e-commerce.
And further amazon pointed out that the allegation put by the CCI that deep discounting, leveraging and perfectional treatment to sellers were levelled only to flipkart and not amazon. And it was stated that during all investigations of CCI and amazon co-operated them. And amazon plea it was stated that in CCI order has not looked into the Bonafide of the informant matter. And in interim relief, the petitioner also prayed for the stay in the proceedings directed by CCI.
And in last month, CCI had issued the direction to the director general and started investigation on amazon and in the CCI gave the order to the general director to complete the investigation within 60 days from the date of order.
‘’that on January 8, 2020, the respondent no. 1 had made public its finding and recommendation pertains to the market study undertaken (1st April) 2019 in relation to e- commerce entities operating in online retail. Respondent no. 1 during the course of the e-commerce market study and participated in the questionnaire survey, focused group discussion’s, one to one meeting, multi stakeholders’ workshops, conference and seminars organized by the respondent no.1.’’