Amazon, Flipkart file appeal in Karnataka High Court against Single Judge order dismissing challenge to CCI probe; matter to come up tomorrow

E-commerce giants Amazon and Flipkart have filed two appeal petitions before the Karnataka High Court challenging an order of a single-judge dismissing their petitions challenging the investigation of the Competition Commission of India (CCI) for alleged Competition Law violations..The matter was mentioned on Thursday before Justices Satish Chandra Sharma and Natraj Rangaswamy and is expected to be taken up tomorrow. .In its appeal, Flipkart contended that the order of the single-judge is a non-speaking one and does not provide any reasoning. "The order is a non-speaking and unreasoned order which does not return a finding on any of the issues raised by the appellant in the writ petition. The erroneous reasoning provided in the order is limited to a single sentence that as the CCI Order provides ‘some reasoning’, no interference is warranted," the plea said. Further, it was submitted that the CCI and the Informant had made fundamental factual errors and the same were overlooked by the single-judge. Amazon, on the other hand, contended that the single-judge had failed to appreciate that the order passed by the CCI was ultra vires the objective and purpose of the Competition Act.The single-judge, Amazon said, had failed to appreciate that an online marketplace which by its very design is an instrument to promote competition, could not be treated as anti-competitive unless there was clear and cogent evidence to that effect."The single-judge failed to appreciate that the First Respondent-Commission had failed to furnish either clear or cogent evidence to support the Prima Facie Order," Amazon submitted. .Last week, Justice PS Dinesh Kumar had dismissed the pleas filed by e-commerce companies, Amazon and Flipkart challenging the probe ordered by Competition Commission of India (CCI) against them for alleged violations of Competition Law..[BREAKING] Karnataka High Court dismisses petitions by Amazon, Flipkart against CCI probe on competition law violations.The order was pronounced by Justice Kumar while hearing two petitions moved by Amazon and Flipkart seeking to quash the probe ordered by CCI.."It would be unwise to prejudge the issues raised by the petitioners in these writ petitions at this stage and scuttle the investigation. Therefore, the impugned order does not call for any interference. Resultantly, these writ petitions must fail. Accordingly, Rule is discharged and writ petitions stand dismissed," the judgment said.