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Supreme Court Flags Flipkart’s Market Monopoly, Questions Silence of Complainant AIOVA

The Supreme Court has expressed serious concerns about the growing monopoly of online retail giant Flipkart in India. According to Mint, the apex court stated that Flipkart’s market monopoly would harm small sellers and cut down on healthy competition in the future.

A bench of Justices Surya Kant and N Kotiswar Singh commissioned an amicus curiae to assist in settling the disagreement that had arisen out of an order of a National Company Law Appellate Tribunal (NCLAT), which had ordered the Competition Commission of India (CCI) to conduct an investigation against Flipkart on allegations of abuse of market dominance.

Supreme Court on Flipkart and Fair Market Practices

The Supreme Court spoke on Flipkart’s control over online retailing. According to the court, the dominance of a single company can make it impossible for many others to compete. As a result, smaller businesses may not be allowed in the market or must accept unfair selling conditions.

The court requires e-commerce platforms such as Flipkart to follow fair trade rules. It further argued that government and regulatory organizations should respond seriously to such cases to safeguard the market from unfair actions.

A bench of Justice Surya Kant and Justice N Kotiswar Singh were surprised after knowing that the All-India Online Vendors Association (AIOVA), which had filed the complaint against Flipkart alleging unfair trade practices, was not represented. The court noted that AIOVA’s lawyers had received no directives from the association.

The bench observed, “We want big players to come and invest here but at the same time we are worried about the dragon’s mouth…it is a serious issue and we have to keep the interest of consumers and small players in mind. Some balancing authority is needed.”

Spotlight Back on the Flipkart CCI Order

The court’s comments come as the Competition Commission of India (CCI) continues to investigate complaints against Flipkart. The CCI order on Flipkart has already been a topic of debate, after accusations that the company had unfair advantages to select sellers and offer huge discounts to push out smaller players. The Court also questioned why CCI is being represented by lawyers, as it is a quasi-judicial body.

Justice Kant said, “It has passed the order, good or bad. It’s (CCI) job is over. Why should the authority be here in a case? Tomorrow, we can’t ask the high court to be here in every case.”

Will There Be Stronger CCI Action on Flipkart?

The latest developments have raised the possibility of stronger action on Flipkart by the CCI. If the investigation finds that the company is using its dominant position unfairly, it could face penalties or be asked to change how it operates.

Experts say that this could lead to more regulations for e-commerce and quick commerce platforms in India. It could also encourage other online platforms to become more transparent and fairer in their dealings with sellers and consumers.

The Supreme Court’s concern over Flipkart’s market monopoly highlights a crucial point in India’s fast-growing digital economy. As more people shop online, it’s important to ensure that the benefits of e-commerce are shared widely.

Jennifer Crawford
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