SC stays NCLAT order for competition watchdog’s probe against Flipkart

The Supreme Court on Wednesday stayed the National Company Law Appellate Tribunal’s (NCLAT) March 4 order asking the Competition Commission of India (CCI) to initiate a probe against e-commerce major Flipkart for alleged use of its dominant position.

The NCLAT had held the prima facie Flipkart had contravened Section 4 of the Competition Act, 2002 which is connected with the abuse of dominant position and predatory pricing.

Senior advocate Harish Salve, appearing for Flipkart, said that the NCLAT did not look at the CCI findings, but instead relied on the tax department findings and also misread the findings of the tax tribunal in an unrelated case.