NCLAT schedules hearing for plea against CCI order on Flipkart

By

Isabelle Crossley

Published
May 22, 2019

The National Company Law Appellate Tribunal has approved a 12 day delay in filing an appeal against the order by the Competition Commission of India’s order to absolve Flipkart of charges of unfair business practices.

A group of e-commerce businesses made an appeal to the NCLAT asking the organisation to overturn a ruling by the CCI that stated that Flipkart has not engaged in unfair business practices. The group of businesses believes that the US-owned e-commerce business Flipkart has used its dominance in the market unfairly and wishes to overturn the CCI’s ruling. The NCLAT has been the authority that oversees the CCI’s decisions since May 2017.

The NCLAT, led at the hearing by chairman Justice S J Mukhopadhaya, ruled that a hearing on the matter will take place on July 30 in New Delhi. By agreeing to a hearing, the NCLAT chose to approve a 12 day delay in filing an appeal on the CCI’s decision. 

“The appeal is admitted for hearing. As the respondents have appeared, no further notice need be issued," said the National Company Law Tribunal in its May 15 order, as reported by the Press Trust of India.

The All India Online Vendors Association made a complaint to the CII that Flipkart had violated Section 4 of the Competition Act by abusing its dominant position in the market. The CCI ruled in favour of Flipkart and reported its decision on the matter on November 6, 2018. The AIOVA now hopes that it can appeal the CCI’s ruling in July.