Supreme Court Sends Flipkart-CCI Abuse of Dominance Case Back to NCLAT

The Supreme Court remitted the March 2020 ruling of the National Company Law Appellate Tribunal, which had asked the Competition Commission of India to initiate an investigation into allegations of abuse of dominance against Flipkart, and directed the appellate tribunal to hear the matter again.

The case arose from a complaint by the All India Online Vendors Association, which claimed that Flipkart engaged in below-cost sales and predatory pricing through its connected wholesale and marketplace entities.

The Court observed that the NCLAT must reconsider the appeal on its own merits, without taking into account findings from income tax proceedings that were later overturned, and stated that all issues remain open for fresh adjudication.

[Flipkart v. Competition Commission of India]