Future Coupons Case: Supreme Court Stays CCI’s Notice To Amazon On Rs 200 Crore Penalty

In relief to the e-commerce giant, Amazon.com NV Investment Holdings LLC, the Supreme Court on Monday(May 8) stayed the Rs. 200 crore penalty imposed by the Competition Commission of India on the former in the Future coupons case. A Bench of Justices Dinesh Maheshwari and Sanjay Kumar directed that no coercive steps shall be taken in relation to the notice issued by the CCI on April 25 against Amazon until July 17, i.e., the next date of hearing. "The matter is taken up on the mention made on behalf of the appellant in reference to I.ANo.92452 of 2023 in C.A. No.4974 of 2022. Learned Additional Solicitor General appearing for the contesting respondents submits that the officers concerned have been advised appropriately in view of the matter being pending in this Court. Taking note of the totality of the circumstances of this case, it is considered appropriate and hence provided that no coercive steps shall be taken in relation to the notice dated 25.04.2023 against the appellant until the next date in this case i.e., 17.07.2023". In June 2022, the NCLAT had upheld the CCI order and directed the Amazon to deposit the Rs 200 crore penalty within 45 days. Senior Advocate Gopal Subramanium appearing for Amazon yesterday mentioned the IA at the start of the hearing. "We had told that we will pass an order only after hearing both the sides. But if you try to change the status, then the other side is justified in moving this application”, the bench said addressing Additional Solicitor General N Venkatraman“We are only looking at the penalty portion”, ASG replied."Then we will have to examine the matter for grant of interim relief. This in unnecessary. If the government is trying to overreach then it comes difficult..... In between, before hearing, you issue a notice”, the Bench said before asking the ASG to instructions by 1 pm. "Either you hold your hands or stay put with it", the Court reminded. Before breaking for lunch, the ASG assured the Bench that the notice won't be acted upon. "We have to be careful (in the order) because they (Amazon) are so media hyped", he added. The Bench wasn’t very pleased. "So, you have not been able to talk to them (Commission)? It's okay. If you haven't got the instructions, we will pass an order", the Bench orally said before passing its order.In September, 2022, Amazon moved the Supreme Court assailing the NCLAT’s order which rejected Amazon's plea challenging the CCI’s decision to keep the approval granted to the e-commerce giant's deal with Future Coupons in abeyance.Case Title: Amazon.com NV Investment Holdings LLC v. Competition Commission of India & Ors. CA (No) 4974 of 2022Click here to read the order

Future Coupons Case: Supreme Court Stays CCI’s Notice To Amazon On Rs 200 Crore Penalty

Rintu Mariam Biju

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