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#NAMApolicy: Issues around FDI, discounting, and Press Note 3 violations in the Draft E–Commerce Policy

This report is the first in our series covering the discussion on India's Draft E-commerce Policy (whose fate still hangs unclear). Read the rest here. "You [e–commerce businesses] have incessantly been giving discounts and will continue to do it for years, jab tak mere desh ka har vyaapari vyaapaar se bahar na ho jaye (until every trader of my country is thrown out of business)," said Ashwani Mahajan, the national co-convener of Swadeshi Jagran Manch at #NAMApolicy Delhi on India's draft National E-commerce Policy.  Throughout the #NAMApolicy discussion in Delhi, stakeholders from different sides argued that e-commerce companies are either the victim or the perpetrator. While Mahajan argued that e-commerce companies are backed by foreign companies which have deep pockets, others questioned why e-commerce companies should be singled out since physical marketplaces also offer discounts. Mahajan argued that companies were violating Press Note 3 by giving discounts on their platforms. The discussion also revolved around the competence and jurisdiction of Competition Commission of India, the country's anti-trust regulator. The following were the key points from the #NAMApolicy discussion in Delhi. Discounting being in violation of Press Note 3 Discounting, Inventory, and FDI  Press Note 3 allows platforms, but platforms obviously cannot hold inventory. Why would they need inventory? No price distorting discounts can be given. You come with deep pockets and billions of dollars, does that mean you can do anything you want? You have incessantly been giving discounts and will continue it for years, jab tak mere desh ka har vyaapari vyaapaar…

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