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Supreme Court Stays NCLAT Direction For Probe Against Flipkart Under Competition Act

first_imgTop StoriesSupreme Court Stays NCLAT Direction For Probe Against Flipkart Under Competition Act LIVELAW NEWS NETWORK2 Dec 2020 4:53 AMShare This – xThe Supreme Court on Wednesday stayed the March 4 order of National Company Law Appellate Tribunal (NCLAT) directing a probe by the Competition Commission of India against e-commerce major Flipkart for an alleged use of its dominant position.Senior Advocate Harish Salve, appearing for Flipkart, argued that the order was passed on an erroneous premise that his client had a “dominant position”…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Wednesday stayed the March 4 order of National Company Law Appellate Tribunal (NCLAT) directing a probe by the Competition Commission of India against e-commerce major Flipkart for an alleged use of its dominant position.Senior Advocate Harish Salve, appearing for Flipkart, argued that the order was passed on an erroneous premise that his client had a “dominant position” in the e-commerce market.He submitted that there were “multiple players” in the e-commerce field and it was impossible to term Flipkart as a dominant player.Referring to the definition given under the Competition Act, Salve submitted dominant position should enable the player to operate independently of competitive forces.”You become independent of competitive forces when you become so powerful that you can call shorts. That is not the case with Flipkart”, Salve submitted before a bench of Chief Justice of India S A Bobde, Justices AS Bopanna and V Ramasubramanian. He pointed out that there were other major players in the market like Amazon, Snapdeal etc.The senior lawyer also submitted that the NCLAT order was based on the findings entered by the Income Tax Appellate Tribunal in an unrelated case.Advocate Nidhi Khanna, who appeared on caveat for the All India Online Vendors Association(the informant before the CCI), submitted that only a probe was ordered by the NCLAT.The informant need only show a “prima facie” case for getting a probe ordered by the anti-trust body, she submitted.In response, the bench observed that the NCLAT has passed the order without setting aside the categorical findings of the CCI that Flipkart has no dominant position.The bench initially expressed a view to send the matter back to NCLAT after setting aside the March 4 order. However, after the caveator objected and continued to make submissions, the bench proceeded to stay the order and issue notice to the respondents -All India Online Vendors Association (sellers association) and Competition Commission of India (CCI). On March 4, the NCLAT had set aside the earlier order passed by the CCI closing the complaint filed by AIOVA seeking a probe by Director General of CCI against Flipkart.The NCLAT held that prima facie Flipkart had contravened Section 4 of the Competition Act, 2002 which related to the abuse of dominant position and predatory pricing.The NCLAT, therefore, set aside the CCI order closing the complaint in terms of Section 26(2) of the Competition Act after holding that no case of contravention of Section 4 was made out.A bench headed by Justice S J Mukhopadhyay referred to the ITAT order in Flipkart India Private Limited vs. Assistant Commissioner of Income-Tax” in ITANo.202/Bang/2018,where Assessing officer had explained that Flipkart India Private Limited (FIPL) would acquire goods from various persons and immediately sell them at a discount to retail sellers like WS Retail Services Private Limited and others.In November 2018, the AIOVA,a group of over 2,000 sellers selling on e-commerce marketplaces, had approached the CCI alleging abuse of market dominance by e-commerce major. The AIOVA had alleged abuse of market dominance against Flipkart India Pvt Ltd, which is into wholesale trading/distribution of books, mobiles, computers and related accessories, and e-commerce marketplace Flipkart Internet Pvt Ltd. It had alleged that small vendors have become allies of the big vendors and suppliers to leading sellers such as Cloudtail, WS Retail, etc on the Flipkart and Amazon platforms, rather than selling directly to consumers through the online e-commerce marketplace sites. However, passing an order on November 6, 2018, the CCI had held that the business practices of Flipkart and Amazon are not in violation of competition norms and rejected allegations of abuse of market dominance made by the AIOVA.”It does not appear that any one player in the market is commanding any dominant position at this stage of evolution of market”, the CCI observed. Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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IOC’s Bach: Refugees will be honoured at Rio

first_imgATHENS, Greece (AP): A group of refugee athletes will march together in the opening ceremony of the Olympics in Rio de Janeiro in a symbol of hope for the world’s migrants, International Olympic Committee (IOC) President Thomas Bach said yesterday. On a three-day visit to Greece, Bach also said a refugee would carry the torch during the Greek leg of the flame relay and that the route would include a stop at an Athens refugee camp. The flame-lighting ceremony at Ancient Olympia will take place on April 21. “We want to turn the attention of the world to the fate and the problems of the 60 million refugees in our world and their suffering,” Bach said. He visited the refugee camp in Athens, played football with a group of young men, and met potential candidates who could compete for the first time as refugee athletes at the Rio Games. “They have no hope, no flag to march behind, and no anthem,” Bach said. “We have invited them to participate, and these athletes will march behind the Olympic flag” at the August 5 opening ceremony. Bach said he expected between five and 10 refugee athletes to qualify for the Olympics. He said he spoke to two potential Olympic competitors in Athens, who could compete in shooting events and karate. The IOC has already pledged US$2 million to help refugees, and is asking authorities in refugee camps to identify any top-level international athletes. Three athletes found The IOC said in December that three potential Olympic athletes had been identified so far from among the wave of refugees and migrants. Greece has been hard hit by the migration crisis that escalated dramatically in 2015 when more than 850,000 travelled in dinghies and mostly unsafe boats from Turkey to the Greek islands. Despite growing European pressure on Athens to toughen border controls, Bach described Greece’s assistance to refugees as “really extraordinary” and promised funds for planned sports facilities on the Greek island of Lesbos. Bach praised progress in Brazil’s Olympic preparations despite the country’s serious financial downturn and outbreak of the mosquito-borne Zika virus. “Brazil is in financial and political crisis, and is facing a great corruption scandal,” he said. “And under these circumstances, it is even more remarkable what the Brazilians have done.” Bach said the timing of the games, during Brazil’s winter, could limit difficulties caused by the virus outbreak, and he promised to have consultations with national Olympic Committees on safety guidelines by late today. Before leaving Athens yesterday, Bach said he would visit the marble Panathinian Stadium, where the first modern Olympics were held in 1896.last_img read more