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Ecommerce Giants Flipkart And Amazon Violating FDI Rules – Indian Cellular Association

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Indian and international ecommerce giants like Flipkart and Amazon have been allegedly violating Foreign Direct Investment (FDI) rules according to handset maker’s lobby group Indian Cellular Association (ICA.)

According to reports, the lobby group representatives have also met with Commerce Minister Suresh Prabhu to take action against Flipkart and Amazon. ICA alleges the ecommerce platforms offer direct and indirect discounts on mobile phones and other products circumventing rules under Press Note 3 on FDI. Representatives who met with Suresh Prabhu recently explained the ecommerce companies were holding inventory and influencing the prices of electronic goods, thereby, eroding offline retailers’ revenue and putting at risk the jobs of nearly 60 million people.

In a letter addressed to Mr. Prabhu, ICA added, “In the view of the alarming situation that the industry and India are facing, we request urgent and severe action against Amazon India and Flipkart for rampant violations of the conditions of Press Note 3 by both, directly and indirectly, influencing the sale price of mobile phones and other goods.

The lobby group, according to a report by ET Now, is seeking necessary amendments in Press Note 3 and other linked laws to ensure strict action against the violators under the Prevention of Money Laundering Act. At present, the ICA represents several mobile makers in India, including Micromax, Apple, Nokia, Vivo, Lava, Lenovo and Motorola. ICA further added the ecommerce platforms involve various intermediaries and support entities in the chain to camouflage both discounts and losses. “With these intermediaries, both Amazon India and Flipkart are able to pass discounts, without booking the same in their own books. The breakdown of expenditure in various deals keeps changing to make detection difficult,” ICA added.

Under Press Note 3, 100% FI in India is only allowed when companies are engaged in business to business sales and not in business to consumer transactions. Therefore, ecommerce firms like Amazon and Flipkart can only function as a marketplace to connect buyers and sellers, and not influence prices.

This is not the first time ecommerce platforms have been blamed for offering heavy discounts. However, Amazon denied all allegations and a spokesperson said, “Amazon remains committed to comply and is in compliance with all applicable Indian laws and regulations. The prices for products on the Amazon.in marketplace are completely determined by the sellers.” Flipkart is yet to respond to these allegations.

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