Amazon, Flipkart plea on CCI probe order should transfer to K'taka HC: SC

The Supreme Court on Monday said the petitions of e-commerce giants Amazon and Flipkart challenging an order of the Competition Commission of India ordering a probe against them for alleged malpractices should be transferred to the Karnataka High Court.

A bench of Justices Abhay S Oka and Manmohan issued a notice on the plea filed by the CCI which sought the transfer of the petitions filed by the e-commerce platforms from the high courts to the top court or the Delhi high court.

"Issue notice. Prima facie, we are of the view that all cases, which are pending in various High Courts should be transferred to Karnataka High Court for hearing," the bench said and posted the matter on January 6, 2025.

 

The top court, however, asked the Karnataka High Court not to proceed with the hearing on the petitions filed by e-commerce giants.

During the hearing, attorney general R Venkataramani submitted CCI did not have an objection if the matter was heard by the Karnataka High Court.

In its plea before the top court, the CCI sought directions to transfer the cases pending before the high courts of Allahabad, Madras, Telangana, Punjab & Haryana, Delhi and Karnataka, either to the Supreme Court or the Delhi High Court.

The fair trade regulator CCI ordered the probe against Flipkart and Amazon for alleged malpractices, including deep discounting and tie-ups with preferred sellers on their platforms.

The CCI's probe order followed a complaint by Delhi Vyapar Mahasang, whose members comprise many traders dealing in smart phones and related accessories.

Following the CCI's order, Amazon and Flipkart filed separate petitions in various high courts, challenging the investigation.