Taming The Elephants: NRAI V. Swiggy And Zomato: A Complete Analysis
- IJLLR Journal
- Nov 4, 2023
- 1 min read
Updated: Nov 4, 2023
Rencie Rodrigues, University of Mumbai Law Academy, India
Vidhee Tupake, Rizvi Law College, India
ABSTRACT
The Competition Commission of India (CCI), founded in the year 2003, is the Chief National regulator of the competitive market in India. It is a statutory body within the Ministry of Corporate Affairs that enforces the Competition Act 2002, the object of which, as given under the act, is to promote and sustain competition, promote the interest of consumers and to ensure freedom and liberty to trade in the market.
Post pandemic, ordering take-outs has become the new normal with the increasing trend of nuclear families. Quick access to affordable food coupled with various payment options from the comfort of one’s couch, has catalysed an unprecedented demand amongst the consumers so to boost the revenue twofold to hit 1.02 trillion in 2023, in just three fiscal years.
With the increasing trend of such platforms, prominently Zomato and Swiggy, the restaurant industry has taken a blow. The National Restaurant Association of India (NRAI) addressed a Coram alleging that Food Delivery Platforms (FDPs) have taken unfair advantage of their dominant market position allegedly violating various sections of the Competition Act 2002. The Competition Commission of India prima facie found a case in respect of 3 allegations.
This paper seeks to comprehensively analyse the order passed by the Competition Commission of India and to delve into the implications of the same on the future of the online food delivery market in the Indian legal sphere.
Keywords: Dominant position, Food delivery platforms, Relevant market, Competition Commission of India.
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