Karnataka HC is hearing two petitions moved by Amazon and flipkart seeking to quash the probe ordered by the Competition Commission of India (CCI) against them for alleged violations of Competition Law.
@Flipkart
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@Flipkart
@amazonIN
@CCI_India
#competitionlaw
Snr Adv Gopal Subramanium: The entire order passed by CCI directing investigation is on the premise that I am an inventory based model of e-commerce.
In reality, I am a market based model of e-commerce.
In reality, I am a market based model of e-commerce.
The allegation that we (Amazon) have preferred sellers is completely wrong. There is no direct relationship between me or any seller. The brand chooses the seller. I am only a market place, Subramanium.
The allegations against me by the informant are exclusive launch for certain products, predatory pricing and preferred sellers.
This has been taken has the "gospel truth" by the commission without seeing material: Subramanium
This has been taken has the "gospel truth" by the commission without seeing material: Subramanium
The Bench asks the meaning of non-preffered sellers as mentioned by CAIT in the complaint.
Subramanium: Basically, the allegation is that I (Amazon) has a direct relationship with the seller, Cloudtail and that, I am preferring it.
Bench: Show me where it is mentioned.
Subramanium: Basically, the allegation is that I (Amazon) has a direct relationship with the seller, Cloudtail and that, I am preferring it.
Bench: Show me where it is mentioned.
Subramanium reads out the relevant portion.
There is no material to show that any seller was precluded or prevented from having access to any particular brand, he adds.
There is no material to show that any seller was precluded or prevented from having access to any particular brand, he adds.
Subramanium now contends that various brands such as Vivo, Xiaomi, Samsung have witnessed growth in volumes of products, both in the offline and online marketplaces.
Discount is offered by the seller and not me. CCI does not ascertain till when I had the alleged exclusive agreements with brands. It also does not ascertain the alleged rate of discount that I have offered: Subramanium
Without checking the information provided by the informant, CCI forms primafacie opinion: Subramanium
Court: Let's continue tomorrow. How much more time will you need?
Subramanium: Another 3 sessions, like this, milords
Court: If you can complete by Friday, the other side can begin next week.
Subramanium: Another 3 sessions, like this, milords
Court: If you can complete by Friday, the other side can begin next week.
ASG appearing for CCI: Even Flipkart will have to inform the time it requires as they will arguing before us.
Snr Adv Udaya Holla: I am appearing for Flipkart, milords
Snr Adv Udaya Holla: I am appearing for Flipkart, milords
Matter adjourned to Jan 21. Bench rises.
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