SC stays NCLAT order for CCI probe against Flipkart

NEW DELHI: The Supreme Court on Wednesday stayed the March 4 order of National Company Law Appellate Tribunal (NCLAT) asking fair trade regulator CCI to again initiate the probe against e-commerce major Flipkart for an alleged use of its dominant position.
A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian, which initially was of the view to send back the matter to NCLAT after setting aside March 4 order and decision on all aspects including the issue of dominant position being enjoyed by Flipkart, later stayed appellate tribunal’s decision.
The top court issued notice to All India Online Vendors Association (sellers association) and Competition Commission of India (CCI).
Senior advocate Harish Salve, appearing for Flipkart, said that CCI doesn’t look at the findings of the Government and relied on the tax department findings and misread the findings of the tax tribunal.
He said that the other e-commerce major Amazon is against his client company and if he is not a dominant player then the allegations of predatory pricing does not apply on Flipkart.

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