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        Case ID :

        Regulation of e-Commerce

        July 4, 2019

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        Owing to the cross cutting nature of e-Commerce, different laws and regulations across sectors govern the present e-Commerce activities, some of which are: Income Tax Act, 1961, Consumer Protection Act, 1986, Information Technology Act, 2000, Foreign Exchange Management Act, 1999, Payment and Settlement Systems Act 2007, Companies Act, 2013 and laws related to Goods and Services Tax.

        Competition Act, 2002, lays down the framework for regulating predatory pricing and anti-competitive agreements, including vertical restraints. Conduct of e-Commerce players enjoying a position of dominance in the relevant market, and proposed merger or amalgamation of e-Commerce firms, whether in India or off-shore, having an impact on competition in India is subject to the scrutiny under this Act.

        A draft National e-Commerce policy has been prepared and placed in public domain. Comments from various stakeholders (companies, industry associations, think tanks, foreign governments) have been received. Meetings have been held under the chairmanship of Minister for Commerce & Industry with industry stakeholders, e-Commerce companies, associations of kirana stores, traders and retailers to discuss matters relating to e-commerce. They have been asked for their inputs/ suggestions on the draft Nationale-Commerce Policy.

        This information was given by the Minister of Commerce and Industry, PiyushGoyal, in a written reply in the Lok Sabha.

        Regulation of e commerce: multiple sectoral laws apply and a draft national policy is open for stakeholder consultation. Regulation of e commerce is effected through multiple sectoral statutes including tax, consumer protection, information technology, foreign exchange, payment systems, corporate and GST laws. Competition law governs predatory pricing, anti competitive agreements, vertical restraints, dominant conduct and merger control for e commerce firms impacting competition in India. A draft National e Commerce Policy has been published for public comment and consultative meetings chaired by the Commerce Minister sought stakeholder inputs.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Regulation of e commerce: multiple sectoral laws apply and a draft national policy is open for stakeholder consultation.

                              Regulation of e commerce is effected through multiple sectoral statutes including tax, consumer protection, information technology, foreign exchange, payment systems, corporate and GST laws. Competition law governs predatory pricing, anti competitive agreements, vertical restraints, dominant conduct and merger control for e commerce firms impacting competition in India. A draft National e Commerce Policy has been published for public comment and consultative meetings chaired by the Commerce Minister sought stakeholder inputs.





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