The Competition Commission of India (CCI) initiated the
inquiry in 2020, alleging that both companies were promoting specific sellers
with whom they had business relationships, thereby prioritizing certain product
listings.
In a comprehensive 1,027-page report on Amazon and a
1,696-page report on Flipkart, both released on August 9, CCI investigators
concluded that the companies had established a system that elevated preferred
sellers in search results, marginalizing other vendors.
The reports stated, “Each of the anti-competitive practices
alleged … were investigated and found to be true,” and noted that “ordinary
sellers remained as mere database entries.”
Neither Amazon nor Flipkart, nor the CCI, responded
immediately to inquiries from Reuters. Both companies have previously denied
any wrongdoing, asserting that their operations comply with Indian regulations.
They will now assess the findings and may submit objections
before the CCI considers any potential penalties.
This investigation represents another challenge for Amazon
and Flipkart in India, where they have faced ongoing criticism from smaller
retailers who claim that their businesses have been adversely affected by the
significant discounts available online.
The inquiry was prompted by a complaint from the Delhi
Vyapar Mahasangh, affiliated with the Confederation of All India Traders
(CAIT), which represents 80 million retailers. CAIT expressed its approval of
the CCI's findings and indicated plans to further engage with the federal
government regarding the issue.
Amazon and Flipkart are prominent leaders in India's
e-commerce sector, which was valued at approximately $57-60 billion in 2023 and
is projected to exceed $160 billion by 2028, according to estimates from
consultancy firm Bain.
In the United States, the Federal Trade Commission has filed
a lawsuit against Amazon, claiming that the company employs
"anticompetitive and unfair strategies to unlawfully sustain its
monopoly."
Amazon has countered that the FTC's lawsuit is misguided and
would ultimately harm consumers by resulting in increased prices and delayed
deliveries.
In India, investigators conducted raids on certain Amazon
and Flipkart sellers as part of an inquiry that followed a 2021 Reuters
investigation.
This investigation, based on internal Amazon documents,
revealed that the company had provided preferential treatment to a select group
of sellers for years, allowing them to circumvent Indian regulations.
Although Amazon has denied any misconduct, the Competition
Commission of India (CCI) previously informed an Indian court that the Reuters
report supported its evidence against the company.
The CCI's findings indicated that favored sellers on
Amazon's platform received advantages in online listings, drawing customer
attention to their products during searches.
The practice of preferential listings and aggressive
discounting, particularly in mobile phone sales—including pricing below
cost—has a "catastrophic impact on existing market competition."
The CCI's report on Flipkart noted that preferred sellers
were offered various services, such as marketing and delivery, at minimal
costs.
Additionally, Flipkart enabled these sellers to offer
significant discounts on phones, which the CCI described as "predatory
pricing" that stifles competition.
Both reports concluded that these anti-competitive practices
extend beyond mobile phone sales and are prevalent across other product
categories.
For several months, Flipkart and Amazon attempted to
obstruct the investigation through legal challenges, but the Supreme Court
ultimately intervened.
For several months, Flipkart and Amazon attempted to impede
the investigation through legal challenges in the judicial system. However, in
2021, the Supreme Court authorized the investigation to proceed.
Last month, India’s Minister of Commerce publicly criticized
Amazon, stating that the company’s investments were frequently utilized to
offset its business losses.
In June of last year, Amazon announced its intention to
increase its Indian investment to $26 billion by 2030, encompassing its cloud
business. Additionally, the company has set a target of $20 billion in
merchandise exports from India by 2025.