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Case Law Details

Case Name : National Restaurant Association of India (‘NRAI’) Vs Zomato Limited d (‘Zomato’) (Competition Commission of India)
Appeal Number : Case No. 16 of 2021
Date of Judgement/Order : 04/04/2022
Related Assessment Year :
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National Restaurant Association of India (‘NRAI’) Vs Zomato Limited d (‘Zomato’) (Competition Commission of India)

Commission is of the view that there exists a prima facie case with respect to some of the conduct of Zomato and Swiggy, which requires an investigation by the Director General (‘DG’), to determine whether the conduct of the OPs have resulted in contravention of the provisions of Section 3(1) of the Act read with Section 3(4) thereof, as detailed in this order. The DG is, thus, directed to carry out a detailed investigation.

THE HON’BLE COMPETITION COMMISSION OF INDIA (CCI):  held that, in the case of both Swiggy and Zomato, prima facie there existed a conflict-of-interest situation, warranting detailed scrutiny into its impact on the overall competition between the Restaurant Partners vis-à-vis the private brands/entities which the platforms may be incentivised to favour.

BRIEF FACTS:

1. An information had been filed under Section 19(1)(a) of the Competition Act, 2002 by National Restaurant Association of India (Informant/NRAI) against Zomato and Swiggy (OPs) alleging that the practices of Zomato and Swiggy were in violation of Section 3(4) read with Section 3(1) of the Act.

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