Penalty u/s 44 and 45 of Competition Act levied as ‘real ambit and purpose’ was intentionally not made known

Amazon.com NV Investment Holdings LLC Vs Competition Commission of India (NCLAT Delhi)

The Appellant/Amazon because of the violations committed by it, had intentionally not made known the `real ambit and purpose’ of the `Combination’. Penalty under Section 44 and 45 of the Act, 2002 levied.

Facts-

Amazon.com NV Investment Holdings LLC, a subsidiary of Amazon.com Inc. Amazon wanted to notify a ‘Combination’, bearing Registration No. C- 2019/09/688, to the Competition Commission of India through a Notification dated 23.09.2019 (“Notice”), as per Section 6(2) of the Competition Act, 2002.

The Combination was with respect to acquiring of 49% shareholding in Future Coupons Pvt. Ltd. alongwith other transactions. Notably, in Part V: Description of the Combination of the Notice, the Combination notified by Amazon comprised the undermentioned three transactions:

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