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Competition Commission of India dismisses antitrust complaint against Amazon

Amazon package in a flower pot
Credit: Aditi Agrawal

The Competition Commission of India on September 11 dismissed a case of alleged abuse of dominance by Amazon filed by the parent of apparel company Beverly Hills and Polo Club (BHPC). The complaint had alleged that Amazon engages in deep discounting, preferential seller treatment, and allows the sale of counterfeit goods on its platform, all of which have hindered Beverly Hills and Polo Club’s entry into the "online fashion retail" market in India. The competition watchdog noted that there were a number of players in the market defined in the complaint apart from Amazon, including Flipkart, Myntra, and Ajio among others. While relying on a 2019 report by analytics firm Redseer, CCI said that in the online fashion segment, Amazon and Flipkart have a market share of around 35%. “It does not appear that any one platform is occupying a dominant position in the relevant market,” CCI said in the order. BHPC’s allegations against Amazon BHPC said that there were a number of instances of unfair and anti-competitive practices by Amazon and its affiliates, which caused an “exclusionary effect” on BHPC’s overall online business operations in India. It said that due to its “deep pockets” Amazon is able to incur capital expenditure running into thousands of crores, which depicts its dominance. Some other allegations made by BHPC in the complaint: Counterfeit products: Beverly Hills and Polo Club said that it doesn’t sell any of its apparels on Amazon’s website, and those can be bought online only from its own website.…

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