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

CCI counsel informed it is mulling to call Amazon on January 4, for a hearing

NEW DELHI: The Supreme Court on Thursday agreed to hear a plea by Amazon against Delhi High Court’s order directing Competition Commission of India to take a decision with respect to show cause notice issued by it to Amazon.

Counsel for Amazon mentioned the matter for urgent listing before a bench headed by Chief Justice NV Ramana. The bench, also comprising Justices AS Bopanna and Hima Kohli, told the counsel that ‘it cannot give a date for hearing either today (November 25) or tomorrow (November 26)’. However, the counsel insisted that there is an urgency in the matter.

He submitted they told the CCI on Wednesday about the matter, but the CCI said they were constrained by the Delhi High Court order, which gave two weeks till November 29.

The counsel requested the bench that the matter was showing on Monday in the top court for hearing, and it should not be deleted. The bench told the counsel, “You can’t get relief from here. You go to the high court and seek review of the order. Why don’t you go before the high court...” The counsel submitted, ‘let it come on Monday’. After a brief hearing, the bench agreed to take up the matter on Monday.

In June, the CCI had accused Amazon of concealing facts and making false submissions when it sought approval for the $200 million investment into a 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 CCI to rule on revoking its approval to the Amazon-Future Coupons deal within two weeks, the Confederation of All India Traders (CAIT) said in a statement.

CAIT had filed a plea against CCI saying that the competition regulator had issued a show cause notice to Amazon in June, but no decision has been taken so far. According to CAIT, the CCI counsel informed the high court that it is contemplating to call Amazon on January 4, for a hearing after which the matter will be decided.

CAIT through its representation to CCI had demanded annulment of its approval that was granted to Amazon on the basis of their misrepresentation about actual transaction.