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16 Indian J. L. & Tech. 18 (2020)
The Interaction between Competition Law & Digital and E-Commerce Markets in India

handle is hein.journals/indiajoula16 and id is 192 raw text is: THE INTERACTION BETWEEN COMPETITION LAW & DIGITAL AND E-COMMERCE MARKETS IN INDIA Anshuman Sakle and Nandini Pahari* I. Introduction: Developments in the Digital and E-commerce Domains in India ...................... 18 II. Regulatory Framework for Dealing with Competition Law Concerns in the E-Commerce Sector ....................... 20 A. Section 3(4) of the Act (Vertical restraints) ......... 20 B. Section 4 (Abuse of dominance) ............... 22 III. Delineation of the E-Commerce Sector as a Separate 'Relevant M arket ' ....................... 23 IV. The Competition Law issues dealt by the CCI in the E-Commerce Sector . .. ...... ........... . 25 A. Minimum RPM. .. .. .. .. . .. 25 B. Other novel competition law concerns ................. 26 i. Concerns under Section 3(4) of the Act. ................ 26 ii. Concerns under Section 4 of the Act. .. .. .. .. .. .. .. .. ... 27 V. Objective Justifications and Pro- Competitive Benefits ............ 30 VI. E-commerce Report. ............ 31 A. Background of the E-commerce Report ........ 31 B. Issues discussed in the E-commerce Report ........ 32 C. Implications of the E-commerce study.......... 33 VII. International Jurisprudence on Sim ilar Issues................. . 35 VIII. Concluding Remarks............ 36 I. INTRODUCTION: DEVELOPMENTS IN THE DIGITAL AND E-COMMERCE DOMAINS IN INDIA The recent tiff between Amazon and Walmart-owned Flipkart on one hand and the Competition Commission of India (CCI) on the other, has been making headlines for the last couple of months. While the CCI directed the Director General (DG) to conduct a probe against the exclusive practices of these two popular e-retailers under Section z6(z) of the Competition Act, zooz (as amended) (Act),1 the Hon'ble High Court of Karnataka (Karnataka High Court) stayed the investigations.2 First Amazon and then Flipkart Anshuman Sakle is a Partner with the Competition Practice at Cyril Amarchand Mangaldas. Nandini Pahari is an Associate with the Competition Practice at Cyril Amarchand Mangaldas. 1 S 26(1) Order in Delhi Vyapar Mahasangh v Flipkart Internet (P) Ltd 2020 SCC OnLine CCI 3. 2 Stay order of the Karnataka High Court, available at <https://tech.economictimes.indi- atimes.com/news/internet/karnataka-high-court-grants-stay-on-ccis-probe-for-eight- weeks/74136975> accessed 12 May 2020.

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