e commerce regulation: investigations under competition and foreign exchange rules underway, and bank cashback practices examined.
Regulation of e commerce involves multiple statutes with the Competition Act (including Section 3 and Section 4) applicable to platforms, and FDI in e commerce governed by Press Note 2(2018) read with SI No.15.2 of the FEMA (Non Debt Instruments) Rules, 2019. Representations by traders alleging FDI/FEMA non compliance were forwarded to the Enforcement Directorate which has taken up investigation; alleged biased bank cash back and discount practices on certain e commerce sites are being examined by the Competition Commission of India. No RBI or ED investigation has been initiated concerning alleged FDI/FEMA violations in the Flipkart-Aditya Birla deal.