The Supreme Court was considering a plea filed by the Competition Commission of India (CCI) to transfer 24 writ petitions related to Amazon and Flipkart to either the Supreme Court or a single High Court.
NEW DELHI: On Monday (6th Jan), the Supreme Court transferred all cases involving anti-competitive practices by e-commerce giants Amazon and Flipkart, which were pending before various High Courts, to the Karnataka High Court.
A Bench of Justices Abhay S. Oka and Ujjal Bhuyan stated:
“The issue at hand in this transfer petition is substantially similar to that in Writ Petition no. 26627 of 2024, currently being heard by the Karnataka High Court’s single judge. Therefore, it is appropriate that all petitions under this transfer request be moved to the Karnataka High Court for hearing.”
The Supreme Court was considering a plea filed by the Competition Commission of India (CCI) to transfer 24 writ petitions related to Amazon and Flipkart to either the Supreme Court or a single High Court.
The CCI had requested that these petitions be moved to the Delhi High Court to expedite the process and reduce the possibility of conflicting rulings.
These 24 petitions, pending in the High Courts of Delhi, Punjab and Haryana, Karnataka, and Allahabad, stem from complaints filed by the Delhi Vyapar Sangh, accusing Amazon and Flipkart of violating the Competition Act, 2002, in the sale and purchase of mobile phones. The allegations include exclusive arrangements, deep discounts, and preferential listings.
On December 16, the Supreme Court suggested transferring the cases to the Karnataka High Court. It also instructed the High Court to refrain from hearing Amazon’s petitions against the CCI until January 6.
Attorney General R. Venkataramani and Additional Solicitor General N. Venkataraman, representing the CCI, informed the Court that the anti-trust regulator had no objection to the transfer of the cases to the Karnataka High Court.
In the previous hearing, the Supreme Court had refrained from passing the transfer order after learning that some parties had not been included as respondents.
It was also noted that two additional petitions had been filed, increasing the total number of petitions to 26. The Court decided that the transfer order would be issued only after hearing all parties and adjourned the matter to January 6.
Background
The CCI launched the investigation in January 2020 under Section 26(1) of the Competition Act, 2002, following a complaint by the Delhi Vyapar Mahasangh, alleging Amazon and Flipkart favored select sellers, disadvantaging competitors. In June 2021, the Karnataka High Court dismissed writ petitions by Amazon and Flipkart challenging the probe, a decision upheld by a division bench and later by the Supreme Court.
In August 2024, the CCI’s investigation concluded, finding violations of competition laws, including preferential treatment for select sellers and exclusive product launches. Multiple petitions challenging the CCI’s probe were filed in High Courts across the country, prompting the CCI to seek consolidation of cases to avoid delays.
[Case Title: Competition Commission of India v. Cloudtail].
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