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2021 Supreme(Kar) 296

P.S.DINESH KUMAR
AMAZON SELLER SERVICES PRIVATE LIMITED – Appellant
Versus
COMPETITION COMMISSION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SHRI. GOPAL SUBRAMANIUM, SENIOR ADVOCATE AND SHRI SAJAN POOVAYYA, FOR SHRI. NIKHIL JOY, ADVOCATE
For the Respondent:SMT. MADHAVI DIWAN, Addl. SG A/W SHRI. B.N. HARISHA, SHRI. S. GAUTAMADITYA AND SHRI. ABIR ROY, SHRI. UDAYA HOLLA, SENIOR ADVOCATE AND SHRI. DHYAN CHINNAPPA, SENIOR ADVOCATE FOR SHRI. AASHISH GUPTA, ADVOCATE

ORDER :

Amazon Seller Services Pvt. Ltd., ['Amazon' for short], and Flipkart Internet Pvt. Ltd.['Flipkart' for short], have filed these writ petitions with prayers inter alia to quash order dated January 13, 2020 passed by the Competition Commission of India['Commission' for short], in Case No.40/2019, directing an investigation under Section 26(1) of the Competition Act, 2002 ('Act' for short) by the Director General['DG' for short].

Facts of the case:

2. Amazon and Flipkart have averred that they are private limited Companies. They operate 'Online Market Places’ on which, products listed for sale, are owned and sold by third parties.

3. Amazon has pleaded that it also provides certain support services to third party sellers to facilitate sale of goods. Those services are integral and non-separable from retail trade and include warehousing, packing, shipment, delivery/return of products centralized payment processing, refund etc.

4. Delhi Vyapar Mahasangh (respondent No.2) is a Society comprising of Micro, Small and Medium Enterprises registered under the Societies Registration Act, 1860. It has filed information alleging contravention of Section 3(1) read with Section 3(4) and Section

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