By Aditya Kalra and Arpan Chaturvedi
NEW DELHI, Sept 26 (Reuters) - A former top Amazon ( AMZN )
seller in India has asked a judge to quash an antitrust
investigation that found the U.S. e-commerce company and some of
its sellers breached local competition laws, court records
showed on Thursday.
Antitrust investigations conducted by the Competition
Commission of India (CCI) have found Amazon ( AMZN ) and Walmart's ( WMT )
Flipkart, some of their sellers and smartphone brands, violated
local competition laws by giving preference to select online
sellers and prioritizing certain listings, Reuters has reported.
The findings follow a Reuters investigation in 2021 which
was based on Amazon's ( AMZN ) internal documents and showed the company
gave preferential treatment for years to a small group of
sellers on its platform, and used them to bypass Indian laws.
Amazon ( AMZN ) denied any wrongdoing.
One of those sellers, Appario, which has since ceased to be
a seller on Amazon ( AMZN ), on Thursday challenged the CCI in the High
Court in Karnataka state, saying the investigation report that
names it must be "set aside", court records showed.
No further information on the grounds for the suit was
immediately available.
The lawsuit marks the first legal challenge to the CCI
investigation that started in 2020, and poses a major challenge
to Amazon ( AMZN ) in India, a key market.
Appario also said in the suit that a CCI order that asked it
to submit its financial statements after the investigation was
completed should be quashed, according to the court's records.
Appario, Amazon ( AMZN ) and the competition regulator did not
respond to requests for comment.
Amazon ( AMZN ) maintained it does not give preferential treatment to
any seller and complies with all laws, but said in October 2022
that Appario will within a year cease to list products on its
website.
The Reuters investigation had found that Appario was
internally referred to as a "special" merchant and received
discounted fees and access to Amazon ( AMZN ) global retail tools used
for things like inventory management.
In 2022, the CCI raided Appario and some other sellers as
part of its investigations.