SC allows Amazon’s appeal, sets aside order imposing Rs 202 cr penalty

(PTI)

NEW DELHI, May 27: In a relief to Amazon, the Supreme Court on Wednesday set aside an order that had imposed a Rs 202 crore penalty on the US e-commerce giant and suspended its deal with Future Coupons Pvt Ltd.

The apex court allowed the appeal filed by Amazon.com NV Investment Holdings LLC, a direct subsidiary of Amazon. com Inc, challenging a June 13, 2022 order of the National Company Law Appellate Tribunal (NCLAT).

The NCLAT had rejected Amazon’s appeal against an anti- trust suspension of its investment deal with Future Group, saying the retailer had not made full disclosures at the time of seeking approval. A bench of Justices Vikram Nath and Sandeep Mehta also set aside the Competition Commission of India’s (CCI) December 17, 2021 order which had levied the penalty on Amazon and suspended its deal with Future.

“The impugned judgment dated June 13, 2022 passed by the NCLAT and the order dated December 17, 2021 passed by the CCI are set aside,” the bench said.

The top court said if any amount was deposited or re- covered from Amazon pursuant to these orders, the same be refunded within eight weeks. It said the CCI’s authority is “statutory” and its actions must satisfy the minimum standards of legality, fairness and reasoned decision-making that apply to all public authorities.