The Role And Effectiveness Of Interim Measures In Indian Competition Law: Insights From CCI V Amazon–Future Coupons
- IJLLR Journal
- 4 hours ago
- 1 min read
Kritika Gupta, O.P. Jindal Global University
I. Introduction
The pace with which digital markets are growing is much faster than what competition law ever anticipated. Amazon invested in Future Coupons in 2019, to which the Competition Commission of India granted approval. However, little did CCI anticipate the impact of this approval on the digital market. During COVID-19, in 2020, the Future Group decided to sell its business to Reliance Retail; by this time, the concerns arising due to competitiveness had already become difficult, if not irreversible, to address.
This research paper studies whether interim measures are effective under Indian competition law. To understand this, the paper delves into the dispute in CCI v Amazon–Future Coupons Case. This case is significant, as it helps in understanding the limits and effectiveness of Section 33 of the Competition Act, 2002. Additionally, this paper incorporates the Collingridge Dilemma, which explains that early on it is easy to control technology or digital markets, but their harm and impact cannot be predicted at that stage; and by the time the impact and harm becomes visible, it becomes too late for the regulator to fix it.
II. What is Section 33 & How has CCI Interpreted Section 33
Section 33 of the Competition Act, 2002 gives the Competition Commission of India the power to grant interim orders during the pendency of an inquiry. The objective of this section is to temporarily stop or restrain a party from continuing an anti-competitive practice until the inquiry is concluded.
