India: Issued interim ruling by Karnataka High Court Division Bench to uphold Single Bench decision to uphold investigation into Amazon and Flipkart for alleged self-preferencing

On 23 July 2021, the High Court of Karnataka Division Bench upheld the decision by its single bench to uphold the investigation by the Competition Commission of India (CCI) into e-commerce retailers Amazon and Flipkart for allegedly treating certain sellers in a preferential matter, listing and promoting their own labels preferentially and exclusively launching mobile phones. If proven, Flipkart and Amazon would be in violation of Sections 3(1) and 3(4) of the Indian Competition Act. Specifically, it is to be determined whether the exclusive arrangements and preferential listings and treatments of certain sellers have resulted in negatively affecting competition. The two companies are being investigated together, seeing as they both seem to apply the same conduct and the competition between the two platforms is not relevant in this investigation.