Published on: September 7, 2022 at 20:47 IST
NV Investment Holdings LLC (Amazon) has approached the Supreme Court assailing the order of the National Company Appellate Tribunal (NCLAT), which rejected Amazon’s plea challenging the decision of the Competition Commission of India (CCI) to keep the approval granted to the e-commerce giant’s deal with future coupons in abeyance.
In the impugned order passed on 13.06.2022, NCLAT had also upheld the direction of the CCI to Amazon to pay Rs. 200 crore penalty under Section 43A of the Competition Act, 2002.
The NCLAT has directed Amazon to deposit the penalty within 45 days and comply with the CCI order. It has held-
“This tribunal, to secure the ends of justice is not displacing the imposition of penalty of INR Rs. 200 crores levied upon the appellant/amazon by the 1st respondent/CCI in the impugned order dated 17.12.2021, since the same is a fair and sensible one, as per Section 43A of the Competition Act, 2002.
As such, this tribunal directs the appellant/Amazon to pay the sum of Rs. 200 crores within 45 days from today.
Also, this tribunal directs the appellant/Amazon to give notice to the 1st respondent/CCI in form II within today (the date of passing of this judgment) and till the disposal of such notice, by the 1st respondent/CCI the approval granted on 28.11.2019.”
In appeal, the NCLAT upheld that Amazon, in order to conceal its violations, had intentionally concealed the real ambit and purpose of the combination.
It observed that Amazon had failed to provide the relevant information on the combination, being responsible and accountable in not giving notice as required in this regard.