SC to hear Amazon’s plea against HC’s direction to CCI on show cause

SC to hear Amazon’s plea against HC’s direction to CCI on show cause

The Supreme Court on Thursday agreed to hear Amazon’s plea against the Delhi High Court order directing the Competition Commission of India to decide on the show-cause notice issued by it to Amazon.

Amazon’s counsel referred to urgent listing of the matter before a bench headed by Chief Justice NV Ramana.

A bench of Justices AS Bopanna and Hima Kohli told the counsel that it cannot give the date of hearing today (November 25) or tomorrow (November 26). However, the lawyer insisted that there is an urgency in the matter. They submitted that they reported the matter to the CCI on Wednesday, but the CCI said they were constrained by the Delhi High Court order, which had given two weeks time till November 29.

The counsel requested the bench that the matter is coming up for hearing in the apex court on Monday and it should not be dropped.

The bench told the lawyer, “You cannot get relief from here. You go to the High Court and demand review of the order. Why don’t you go before the High Court…” The lawyer said, ‘Let it go. Come on Monday’. After a brief hearing, the bench agreed to hear the matter on Monday.

In June, the CCI accused Amazon of suppressing facts and making false submissions when it sought approval for a $200 million investment in Future Unit in 2019. Both companies — Amazon and Future Retail — have locked horns in a legal battle.

On November 16, the Delhi High Court directed the CCI to cancel its approval to the Amazon-Future Coupons deal within two weeks, the Confederation of All India Traders (CAIT) said in a statement.

CAIT, while filing a petition against CCI, said that the competition regulator had issued a show-cause notice to Amazon in June, but no decision has been taken yet.

According to CAIT, CCI’s counsel informed the high court that it is considering calling Amazon on January 4, after which the matter will be decided.

CAIT, through its representation to CCI, had sought cancellation of its acceptance which was given to Amazon on the basis of their misrepresentation of the actual transaction.



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