[Akshay Shrivastava is a 5th Year B.Com., LL.B. (Hons.) student at Gujarat National Law University, Gujarat] Recently, the Supreme Court refused to stay the ongoing probe on e-commerce giants Amazon and Flipkart by the Competition Commission of India (CCI) for promoting specific sellers owing to exclusive arrangements and rendering them special treatment by offering heavy discounts, thereby...
Proposed Amendments to the E-Commerce Rules: Going a Step Too Far?
[Rohan Mitra is a 4th Year B.A., LL.B. (Hons.) student at Jindal Global Law School] The Department of Consumer Affairs on June 21, 2021, proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020. The proposals have been released to the public and comments and suggestions have been invited, with the deadline being extended until late July. The rules have unsettled many online...
E-Commerce Rules 2020: Protecting Consumer Welfare or Harming Individual Enterprise?
[Dhanush Dinesh is a graduate of the National Law School of India University, Bangalore] The Consumer Protection Act, 2019 has come into force on July 20, 2020. This statute supersedes the older Consumer Protection Act, 1986 and has been updated to reflect and incorporate modern forms of commerce, such as online shopping and tele-commerce. In furtherance of this, specific rules have been notified...
Consumer Protection (E-Commerce) Rules, 2020: An Analysis
[Sumit Kumar Gupta is a 4th year student at the West Bengal National University of Juridical Sciences] Governments across jurisdictions have always maintained a delicate balance between the competing interest of consumers and the dynamics of the market. True to its nature, markets have undoubtedly been inclined towards profit maximization, while consumers have sought to exploit the scant margin...
Delhi High Court Allows E-commerce Platforms to Sell Products of Direct Selling Entities
[Kajal Kashyap is a 4th year B.A. LL.B. (Hons) student at NALSAR University of Law] In Amazon Sellers Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd., a division bench of the Delhi High Court overruled an earlier judgment passed in 2019 by a single judge of the same court, thereby allowing e-commerce platforms like Amazon and Flipkart to sell products of Amway and other direct selling...
CCI’s E-commerce Report: A Cross-Jurisdictional Analysis
[Nidhisha Garg is a 4th-year B.A.LL.B (Hons.) student at the National Law Institute University Bhopal] On 8 January, 2020, the Competition Commission of India (CCI) released its report on e-commerce. The report is a result of an e-commerce market study carried out by the CCI starting April 2019, as a response to complaints by the Confederation of All-India Traders (CAIT) and National Restaurants...
CCI’s Report on E-commerce in India: A Magna Carta for Future Anti-Trust Investigations
[Jubair Bhati is a corporate lawyer and Mayank Sen is a 5th year BBA LLB (Hons) student at the School of Law, Raffles University, Neemrana (Rajasthan)] The Competition Commission of India (“CCI”) earlier this month published a report concluding its market study on the growing relevance of e-commerce in India. This report provides for various considerations that the stakeholders of e-commerce take...
Delhi High Court Upholds the Interests of Direct Sellers: A Ray of Hope?
[Deeksha Gabra is a chartered accountant and Shivam Gupta is a final-year law student at the Rajiv Gandhi National University of Law, Punjab] Direct selling (also known as network marketing or multi-level marketing), as the name suggests, refers to selling products directly to the consumer in a non-retail environment. The product moves from the manufacturer to a direct sales company, which are...
Analyzing the Draft E-Pharmacy Rules
[Akash Santosh Loya and Pratik Joshi are Final Year B.A. LL.B. (Hons.) students at the National University of Advanced Legal Studies, Kochi] While the advent of e-commerce has introduced several advantages, it has also raised various concerns. These are evident in the pharmaceutical sector in India wherein e-commerce is making great strides in helping consumers avail of drugs at their door-step...
DIPP’s Revised FDI Policy for E-commerce: Changing the Rules of the Game
[Baibhav Panda is a recent law graduate from KLE Law College, Bengaluru and is presently a legal trainee at Nucleus Software Limited] On 26 December 2018 the Department of Industry and Promotion (DIPP), Ministry of Commerce and Industry issued Press Note 2 (2018 series) introducing changes to the conditions that would be applicable to the e-commerce entities. The press note now amends para 5.2.15...
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