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AIOVA to appeal CCI’s Flipkart ruling regarding unfair and discriminatory pricing

The All India Online Vendor's Association will appeal against the Competition Commission of India's ruling favouring the Walmart-owned Flipkart, reports Reuters. AIOVA, which represents more than 3,500 online sellers, will appeal to the National Company Law Appelate Tribunal (NCLAT). CCI disposed off case without investigation. So we are appealing in NCLAT against CCIs decision — All India Online Vendors Association (@AIOVA3) January 12, 2019 What the case was about AIOVA had argued in November last year that Flipkart was using its dominant position to favour certain sellers through “unfair or discriminatory” pricing. The body said that it sells goods to companies like WS Retail, which then sells the products on Flipkart, alleging that this amounts of preferential treatment, and alleging that Flipkart has a direct conflict of interest with other retailers selling on their platform, and its own brands like 'Smartbuy' and 'Billion'. The CCI dismissed [pdf] the allegation that Flipkart was preventing the entry of other players, and reasoned that Flipkart cannot be giving preferential treatment to WS Retail, as it stopped being a seller on Flipkart from April 2017. The order states: The Commission also observes that so far as the issue of preferential treatment given by [Flipkart India Pvt. Ltd.] to exclusive seller (WS Retail Services Private Limited) which is stated to be owned by [Flipkart Internet Pvt. Ltd.] , suffice to point out that the Informant itself has admitted in the Information of such structural link between [Flipkart Internet Pvt. Ltd.] and WS Retail existed only till…

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