Thread by @barandbench

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.

@CCI_India
@Flipkart
@amazonIN

ASG Madhavi Divan appearing for CCI: Today I want to deal with the issue of proxy informant and the larger issue of FDI Policy.

Divan: If Party wants to CCI/DG to keep some info confidential, it has to claim - restriction of publication written in red ink, such info should be termed as confidential.

Such parts of the docs shall be kept confidential if the Director General/CCI is satisfied.

Divan is referring to the SAIL judgment and the CCI Regulations 2009 on point of confidentiality

To say that blanket confidentiality is possible under the law is not correct...saying that publishing the entire order is confidential is not right: Divan

{Some connectivity issues now}

ASG Divan not able to hear Justice PS Dinesh Kumar. Justice Kumar not on VC screen now.

Informant in the present case, DVM, their bonafide is questioned.

The argument is that DVM is funded by another org CAIT, who has filed various pleas against the e commerce giants: Divan

Divan refers to Sameer T case.

Speaks on the Amendment made in Competition Law. Complainant changed to informant. Because proceedings are in rem.

Informant means they may not be personally affected but can still given information

Divan refers to Competition Amendment Bill 2007. Proposes to amend receipt of a complaint to receipt of information.

Divan refers to Sameer Agarwal's judgment.

Any person can approach the CCI with info, it need not be a complainant or a consumer, as it was earlier - Divan reads this from Sameer Agarwal judgement.

CCI will levy huge costs if informant appears to be frivolous. This is because for large companies (like Ola and Uber in Sameer Agarwal's case), the value of their shares will fall from the moment information given to CCI : Divan

Section 45 of CCI Act is a deterrent against persons who provide info to CCI in malafide manner or frivolous. Fine can be upto Rs one crore : Divan

CCI can also pass other orders against malafide informants: Divan

Act enables CCI the power to act in rem : Divan

CCI functions are inquisitorial as opposed to Adjudicatory functions: Divan

Doors of CCI are to be kept wide open, we have to have weigh the value and substance of the information, to find out if there is a prima facie and order investigation: Divan

Petitioner should not overplay the the issue of informant as section 45 takes care of it : Divan

The bigger issues of FDI Policy and the material on which we (CCI) recorded investigation, I'll address it tomorrow your Lordship: Divan

Issue of proxy Informant is done? : Justice Kumar.

Yes, the issue of informant's bonafide is done: ASG Divan

I hope I am going a little fast now: Divan

Yes, that's good. How much more time will you need?....I have been adjoining some matter now: Justice Kumar

2 to 2 and half hours more, your Lordship: Divan

We can decide the dates later. Continue tomorrow... : Bench

Adjourning*

Matter adjourned to March 9.