Walmart-Flipkart $16 bn deal: NCLAT adjourns hearing over CCI's approval for 14 December

New Delhi: The NCLAT on Monday adjourned its hearing on the petition filed by traders’ body CAIT against fair trade regulator CCI’s approval for Walmart’s $16 billion acquisition of Flipkart. Now, the matter has been listed on 14 December for the next hearing before a two-member bench of the National Company Law Appellate Tribunal (NCLAT). Earlier on 5 October also, the matter was adjourned for 12 November for next hearing by the appellate tribunal. On 6 September, the NCLAT, which is also an appellate authority over the Competition Commission of India (CCI), had asked Wal-Mart International Holdings Inc to file a reply before it explaining way of doing business in India. [caption id=“attachment_5386741” align=“alignleft” width=“380”] Representational image. Reuters.[/caption] CAIT, which has filed an appeal before the NCLAT challenging the CCI approval for Flipkart’s acquisition by Walmart, was also asked to file its understanding over Walmart’s business model in India. In its reply filed before the appellate tribunal, CAIT has alleged that Walmart has been found “guilty of predatory behaviour” in countries like Germany, Mexico and South Africa and “may repeat such behaviour in India” through its acquisition of online major Flipkart. It has also submitted that the US retail major “may cause an appreciable adverse effect on competition” in the domestic market post combination as its “predatory tendencies” would be on a much larger scale. Walmart International Holdings Inc, however, in a separate reply has said its business model and activities in India were different of Flipkart’s. Moreover, on account of FDI restrictions, Walmart India cannot engage in selling directly to consumers. Even in business segments where there is an overlap with Flipkart, Walmart said the “combined market share of Flipkart and Walmart in the market of B2B sales are less than five percent and the incremental change in the market shares as a result of this transaction is less than 0.5 percent”. On 18 August Walmart had informed that it has completed deal with Flipkart and holds 77 percent stake in the Indian e-commerce major.