Delhi High Court asks CCI, Swiggy to respond to NRAI plea against removal from confidentiality ring

The Delhi High Court on Wednesday issued notice to the Competition Commission of India (CCI) and food delivery platform Swiggy on a plea filed by National Restaurant Association of India (NRAI) against its removal from a confidentiality ring created by the CCI to examine allegedly anti-competitive practices by Swiggy and Zomato.

Justice Sanjeev Narula listed the case for hearing on January 21, 2025.

A confidentiality ring is a concept which allows companies under investigation by CCI to share commercial information while still protecting such information.

During the course of the hearing, Advocate Abir Roy, who appeared for NRAI, contended,

"The (Director General) DG report has come and we have to file our objections to it. We will not be able to do it if we do not have access to the confidential documents filed by Swiggy."

However, CCI and Swiggy argued that NRAI's plea is against regulations on confidentiality rings. Nevertheless, CCI's counsel undertook to file a response to the plea.

Roy urged the Court to hear the case at the earliest possible date, as the deadline to file objections is fast approaching. The Court, however, adjourned it to January.

In May this year, Swiggy had filed a petition before the Karnataka High Court challenging CCI's order to give representatives of the NRAI access to confidential information regarding the food delivery app. The High Court remitted the case back to the CCI and asked it to decide the issue afresh. The CCI subsequently passed an order removing NRAI from the confidentiality ring, prompting the Association to approach the Delhi High Court.

In 2021, NRAI had filed information before the CCI alleging anti-competitive conduct by Swiggy and Zomato. By an order passed in 2022, the CCI opined that a prima facie case had been made out against Swiggy and Zomato. Therefore, it ordered the DG to investigate the allegations levelled by NRAI.

As part of this probe, Swiggy is stated to have submitted highly confidential information in response to DG's questions between September 2022 and October 2023.

In March this year, it was informed that the DG had concluded its probe.

Swiggy and Zomato later filed applications for access to the confidential version of the DG’s findings, so that they could better respond to the DG’s findings against them. Meanwhile, the NRAI also sought to get access to the confidential version of the investigation report that concerned both Swiggy and Zomato.

Swiggy is expected to make its market debut on November 13 to raise over ₹11,000 crore.

NRAI was represented by Roy and Advocate Vivek Pandey

Swiggy was represented by Senior Advocate Sajan Poovayya.