Supreme Court Says Flipkart Known For Creating Monopolies, Appoints Amicus

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Last Updated:May 20, 2025, 23:50 IST

Justice Surya Kant said sometimes Flipkart offered truthful overmuch discount that it disrupted the concern of tiny players and the equilibrium of the market

The SC was amazed that the complainant All India Online Vendors Association, which alleged unfair commercialized practices by Flipkart, was obscurity to beryllium recovered arsenic its lawyers had nary instructions from the body. (Image: PTI/File)

The Supreme Court connected Tuesday said e-commerce large Flipkart was known for creating monopolies and expressed interest implicit the destiny of smaller players successful the market.

A seat of Justices Surya Kant and N Kotiswar Singh appointed an amicus curiae to assistance it successful the adjudication of the quality arising retired of an National Company Law Appellate Tribunal (NCLAT) bid asking the just commercialized regulator Competition Commission of India (CCI) to initiate probe against Flipkart for an alleged usage of its ascendant position.

The seat was amazed that the complainant All India Online Vendors Association (AIOVA), which alleged unfair commercialized practices by Flipkart, was obscurity to beryllium recovered arsenic its lawyers had nary instructions from the body.

Advocate Udayaditya Banerjee, appearing for AIOVA, said it was imaginable that the organisation was disbanded oregon nary longer existed. The seat told Flipakart’s counsel that it would similar to analyse the contented of creating a monopoly.

“We privation large players to travel and put present but astatine the aforesaid clip we are disquieted astir the dragon’s mouth…it is simply a superior contented and we person to support the involvement of consumers and tiny players successful mind. Some balancing authorization is needed," the seat observed.

The counsel for Flipkart said owed to the platform, galore tiny vendors were capable to instrumentality their businesses to the nationalist level.

Justice Kant said sometimes Flipkart offered truthful overmuch discount that it disrupted the concern of tiny players and the equilibrium of the market.

It asked Banerjee to assistance the tribunal successful the substance saying different it would beryllium an uneven fight.

The seat said it did not substance whether the complainant AIOVA was earlier it oregon not arsenic it would similar to analyse the contented successful detail.

The seat was besides captious of CCI being represented done lawyers and asked wherefore a quasi judicial assemblage was being represented successful the case.

“It has passed the order, bully oregon bad. It’s (CCI) occupation is over. Why should the authorization beryllium present successful a case? Tomorrow, we can’t inquire the precocious tribunal to beryllium present successful each case," Justice Kant said.

The apical tribunal was informed that owed to an bid of the apex court, the CCI was represented successful each case.

The seat posted the substance successful August.

Flipkart challenged the March 4, 2020 bid of the NCLAT asking the CCI to initiate the probe against Flipkart for an alleged usage of its ascendant position.

The appellate tribunal acceptable speech the an bid passed by the CCI which absolved Flipkart of unfair practices utilizing its ascendant position.

The appellate tribunal directed the CCI to inquire its probe limb manager wide to analyse the allegations.

In November 2018, the AIOVA approached the CCI alleging maltreatment of marketplace dominance by the e-commerce major.

AIOVA alleged maltreatment of marketplace dominance against Flipkart India Pvt Ltd, which is into wholesale trading/distribution of books, mobiles, computers and related accessories, and e-commerce marketplace Flipkart Internet Pvt Ltd.

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