This report is the third in our series covering the discussion on the different aspects of eCommerce policy and the impact it has on every aspect of the internet, including digital products and anti-competitive issues, privacy, protectionism. Read the first and second here (all here). The discussion was held on October 10, in Bengaluru. What follows is a paraphrased and edited transcript of the session. Why Press Note 3 and the E-commerce policy? When Press Note 3 came into the picture, the regulator wanted to ensure that what you couldn’t do offline, you shouldn’t do online. B2C and B2B trading was already there back when the new age companies came with the funda of launching marketplaces. They did not want to get into B2C, which is why they could have FDI, because there were regulations, or sectoral caps for retail trading at the time. (Winnie Shekhar, IndusLaw) Press Note 3 created more confusion, when the government began looking at ecommerce as buying and selling of goods and services, they began regulating e-commerce from this prism. The regulation said that if you’re a manufacturer, you can sell. If you’re a marketplace, you are only a facilitator and you should not influence prices, or define how much can be sold, or how discounts should be funded. (Winnie Shekhar, IndusLaw) Regulating pricing and deep discounting The government has not clarified why they want to regulate this pricing. Although they’re saying these platforms are simply facilitators, it goes back to how you look at an intermediary…
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#NAMApolicy: Press Note 3, regulating pricing, deep discounting, and anchor sellers in ecommerce
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