Walmart’s Flipkart should not be treated the same as rival Amazon in the ongoing antitrust probe as the evidence against the two firms was “qualitatively different”, Flipkart argued in a court filing seen by Reuters.
Both Amazon and Flipkart have challenged the Competition Commission of India (CCI) in court as they seek revocation of an Indian court’s June decision to allow an antitrust probe against them to continue.
The companies deny any wrongdoing.
The Indian government has called the US firms arrogant and accused them of using legal routes to stall the investigation.
In final submissions made to the Karnataka high court, the Walmart unit argued that the CCI and the court have “confused the facts” between the case of Amazon and Flipkart, and overlooked that they were “fierce competitors”.
To back its arguments, it said that a business agreement examined by the CCI before ordering its probe was only between Amazon and its sellers, and there was no such evidence against the Walmart unit.
“The allegations before the CCI against the appellant were qualitatively different from those relating to Amazon ... The CCI should have independently examined the case against each of the two platforms,” Flipkart said.