S.L.BUNKER, SUDHIR MITAL, AUGUSTINE PETER, U.C.NAHTA, ASHOK CHAWLA
Mohit Manglani – Appellant
Versus
Flipkart India (P. ) Ltd. – Respondent
1. The present information has been filed under section 19(1)(a) of the Competition Act, 2002 (the 'Act') by Mr. Mohit Manglani (hereinafter, the 'Informant') against M/s Flipkart India Private Limited (hereinafter,'OP 1'), M/s Jasper Infotech Private Limited (hereinafter, 'OP 2'), M/s Xerion Retail Private Limited (hereinafter,'OP 3'), M/s Amazon Seller Services Private Limited (hereinafter, 'OP 4'), M/s Vector E-commerce Private Limited (hereinafter, 'OP 5') and other e-commerce/portal companies (collectively hereinafter, 'OPs') for their alleged contravention of the provisions of section 4 of the Act.
2. Briefly, OPs are the individual e-portals or e-commerce sites for online trade and commerce. The Informant has alleged that OPs have been indulging in anti-competitive practices in the nature of 'exclusive agreements' with sellers of goods/services. It has been urged that due to such practices, the consumer is left with no choice in regards to terms of purchase and price of the goods and services as the buyer/consumer can either accept the terms and conditions in totality of the e-portal or opt not to buy the product.
3. The Informant alleged that the e-portals/e-commerce websites
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