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Flipkart moves Supreme Court, challenges HC nod to anti-trust probe

After the dismissal of its writ petition by the Karnataka High Court last week, Flipkart is now reportedly all set to knock at India's apex court to challenge the state court's approval for an anti-trust probe on the firm and its rival Amazon.com Inc to continue, said media reports.


After the dismissal of its writ petition by the Karnataka High Court last week, Flipkart is now reportedly all set to knock at India’s apex court to challenge the state court’s approval for an anti-trust probe on the firm and its rival Amazon.com Inc to continue, said media reports.

Quoting three sources who told Reuters on Tuesday (July 27), an NDTV report said that Flipkart has filed a case in the the Supreme Court (SC) and appealed against the decision delivered by the state High Court.

The Karnataka High Court had recently dismissed the writ petitions filed by Amazon and Flipkart to cancel the Competition Commission of India’s (CCI)’s 2020 investigation on their alleged anti-competitive business practices. The court had said that the e-retail giants should not feel “shy” about facing an inquiry.

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On the basis of information received from trading group Delhi Vyapar Mahasangh (DVM), the CCI on January 13, 2020 had launched an investigation against Amazon and Flipkart under section 26(1) of Competition Act. The CCI formed a preliminary opinion that there existed a prima facie case that required investigation. Aggrieved by the decision, Amazon and Flipkart had challenged the order through separate appeals.

Meanwhile, media reports do not carry any further details on Flipkart approaching SC except that the SC website does show that Flipkart has filed a case against the CCI and other parties. It does not however divulge any more details

According to the NDTV report, Amazon too should file an appeal against the high court ruling.

Amazon and Flipkart who are already battling strict e-commerce rules, are being accused of bypassing Indian law by crafting complex business models. Moreover, they have been accused of listing of private labels through few sellers, of having exclusive arrangements with mobile phone brands, and carrying on the practice of deep discount sales.

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