As the dispute between e-tailing giant Amazon and the Future group drags on, the matter at the Competition Commission of India (CCI) is whether Amazon obtained the approval for its investment in Future Coupons Private Limited in 2019 by telling lies to the regulator. CCI has been looking into the matter since March 2021.

Being prima facie satisfied, CCI issued a show-cause notice in June 2021. During the next 4 months – June to September, Amazon was given time to file replies, give personal hearings and make written submissions.

In the meantime, independent directors of Future Retail submitted indisputable proofs from Amazon’s own internal emails to expose the lies and false statements made by Amazon to CCI.

Though it is close to 6 months, CCI did not act on the matter, much to Amazon’s advantage.

Traders body CAIT obtained an order from Delhi High Court that CCI should dispose off the matter within 2 weeks from November 16.

Amazon tried to obtain a stay of the Delhi High Court from the Supreme Court on November 23 by filing an intervention application (IA) in FRL’s special leave petition. When it was imminent that stay will not be granted, Amazon withdrew the IA.

Amazon then filed an SLP and wrote to CCI on November 23 night to postpone the hearing scheduled the following day.

When the hearing commenced on November 24, Amazon’s counsel said that the hearing should be postponed due to their filing the SLP. CCI refused. Amazon’s counsel continued to participate. But when Amazon’s turn came to argue, Amazon’s counsel said that they have not been given enough time by CCI, despite having been given four months.

FCPL was given 2 days to file written submissions. Amazon was also given 2 days to file written submissions. More importantly, the documents in question were Amazon’s own internal documents which are available with Amazon for years.

In utter disrespect to the Indian statutory authority, Amazon walked out of the hearing, unable to counter the incontrovertible evidence against it.

First Published:Nov 28, 2021 9:04 PM IST