Karnataka HC to shortly begin 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.
Senior Adv Udaya Holla, appearing for Flipkart is making submissions now.
Holla is arguing physically before the Court.
Holla: CCI must be prima facie satisfied before ordering investigation into the conduct of Flipkart.
Holla: Flipkart is only a platform, in marketplace model, providing intermediary services to buyers and sellers. It is like a computer. They (Sellers) come here and find a buyer.
I am only a platform, nothing else.
My submissions is the entire logic and reason in the order of the CCI seeking probe is fallacious: Holla
Holla now submits on the exclusive launch of smart phones in the e-commerce site aspect.
Sri Gopal Subramanium has extensively argued on this point. I will not elaborate on this, he adds.
Merely having exclusive agreements as alleged by the informant in not enough. Tje agreement has to create an ppreciable adverse effect on the market: Holla
It is unlikely that an agreement between an e-portal and a manufacturer may create entry barriers for new entrants, Holla says
Justice PS Dinesh Kumar: How much more time do you want, Mr Holla?
Holla: Another 15 mins.
Madam, Solicitor General, Mr Holla needs another 15 mins.
ASG: Most certainly, milord.
Matter adjourned to tomorrow, February 25, 3:30 pm.
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