Flipkart said the evidence against the two firms was “qualitatively different.” The Walmart unit said the antitrust suit seemed to overlook the fact that Flipkart and Amazon were “fierce competitors.”
“The allegations and the evidence 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 in its non-public submission, according to U.S. News.
The two companies have long faced allegations from smaller companies that they were in violation of Indian business law and covering their transgressions with overly-complex business structures. U.S. News writes that, in February, a Reuters investigation based on internal Amazon documents showed that the U.S. firm had been aiding a small group of sellers in helping to avoid foreign investment laws.
In addition, Amazon has indirect equity stakes in two large online sellers, Cloudtail and Appario. Both companies reportedly got subsidized fees. Flipkart said this points out the prime distinction between the companies, as Flipkart has had no such allegations that it was connected to sellers.
The companies have taken various actions against the antitrust suit, including not complying with the Competition Commission of India (CCI) and filing suits to protest.
India’s government has called both firms “arrogant,” accusing them of trying to stall the investigation.
A previous PYMNTS report on the investigation wrote that the CCI would be prioritizing and speeding up the investigation.
One source said any cases involving digital firms are getting priority now, as those kinds of cases can have an impact on smaller firms. But the companies have steadfastly denied any wrongdoing, and their legal challenges have held up the probe for some time now.