The Indian Competition Authority dismisses abuse of dominance allegations against a Big Tech company for entering into exclusive agreements due to the company not being dominant in the market for online fashion retailing (Lifestyle Equities / Amazon)

KEY POINTS Anti-competitive agreements and abuse of dominance issues against e-commerce platforms ought to be analyzed individually in respect of each product on a case-by-case basis. In the absence of dominance, issues of sale of counterfeit products on an e-commerce platform do not raise competition concerns however, must be addressed through other regulatory channels. BRIEF FACTS An information was filed by Lifestyle Equities C.V (“Lifestyle”) against Amazon Seller Services Private Limited (“Amazon”) and Cloudtail India Private Limited (“Cloudtail”). Lifestyle which owns the clothing brand Beverly Hills Polo Club (“BHPC”) alleged abuse of dominance and entering into anticompetitive exclusive