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<ul><li>Morgan Stanley has warned that Walmart may exit from Flipkart. </li><li>India’s new e-commerce rule brought in tighter FDI guidelines in order to boost Indian marketplaces. </li><li>Under new rules, Flipkart will have to do away with 25% of its products on the platform.</li></ul>Walmart’s biggest ever deal in history could soon be a thing of the past. Walmart’s acquisition of Indian unicorn Flipkart for $16 billion was one of the world’s biggest e-commerce deals. It now stands in jeopardy as the retail giant could make an exit from Flipkart in the wake of India’s <keyword id="7170085" type="UNKNOWN" weightage="20" keywordseo="new-e-commerce-rules">new e-commerce rules</keyword>, according to a report by <a href="https://economictimes.indiatimes.com/industry/services/retail/morgan-stanley-warns-walmart-may-exit-flipkart-post-new-fdi-rules/articleshow/67843595.cms">Morgan Stanley</a>, which said an exit by Walmart is not out of the question with the Indian e-commerce market becoming “more complicated.” “Despite the recent changes in regulations, we remain optimistic abo the ecommerce opportunity in India given the size of the market, the low penetration of ecommerce in the retail channel and the pace at which it is growing. As Walmart scales in India, the company will continue to partner to create sustained economic growth across agriculture, food and retail. Future investments will support national initiatives and will bring sustainable benefits to the country,” a Walmart spokesperson told <a href="https://economictimes.indiatimes.com/industry/services/retail/morgan-stanley-warns-walmart-may-exit-flipkart-post-new-fdi-rules/articleshow/67843595.cms">ET.</a> India’s new e-commerce rules have introduced tighter guidelines that govern Indian e-commerce companies. With the new rules, global players like Amazon or the Walmart-Flipkart entity, are barred from selling products from vendors they have own a stake in. According to the Morgan Stanley report, Flipkart will have to do away with 25% of its products on the platform. The new rules have mounted tremendous pressure on both Amazon and Flipkart, which together command over <a href="https://economictimes.indiatimes.com/small-biz/startups/newsbuzz/amazon-india-reportedly-closing-in-on-flipkart/articleshow/63407725.cms">60%</a> of the market share in Indian e-commerce. According to a report in <a href="https://economictimes.indiatimes.com/small-biz/startups/newsbuzz/amazon-flipkart-sales-fall-a-third-as-fdi-norms-kick-in/articleshow/67826139.cms">ET</a>, Amazon and Flipkart saw a third of their sales volume disappear in just three days, after the new rules came in. Last week, Amazon <a href="https://www.businessinsider.in/amazon-india-finds-way-around-new-e-commerce-rules-for-cloudtail-and-appario/articleshow/67831376.cms">reportedly</a> already began removing several items from its website sold via its vendor Cloudtail including products under the brand name “Amazon Basics”. Walmart which has <a href="http://fortune.com/2018/02/20/walmart-ecommerce-3/">failed</a> to make an impact on e-retail globally, had placed its bets on Flipkart to start off its digital wing. Flipkart being one of the biggest e-commerce platforms of India, put Walmart in direct competition with Amazon. However, with the change in scenario it is possible that Walmart might not want to incur a <a href="https://www.bloombergquint.com/technology/walmart-expects-flipkart-to-suffer-rs-5300-crore-loss-this-year#gs.JsJmhTUD">loss</a> in India. See Also: <a href="https://www.businessinsider.in/amazon-india-finds-way-around-new-e-commerce-rules-for-cloudtail-and-appario/articleshow/67831376.cms">Amazon may have found a way around India’s new e-commerce rules</a> <a href="https://www.businessinsider.in/amazon-and-walmart-which-owns-flipkart-stocks-on-sale-as-indias-new-e-commerce-policy-kicks-in/articleshow/67807890.cms">The sale on Amazon and Walmart stocks in US may worsen as new India's e-commerce rules kick in</a> <a href="https://www.businessinsider.in/amazon-walmart-owned-flipkart-set-back-by-new-e-commerce-rules-that-help-mukesh-ambanis-reliance-retail/articleshow/67751026.cms">Mukesh Ambani may be the surprise winner from India's new rules hurting Amazon and Walmart</a>

Walmart could exit from Flipkart because of India’s new FDI rules: Report

<ul><li>The latest regulations are an amendment to the Consumer Protection (<keyword id="35621" type="PERSON" weightage="20" keywordseo="e-commerce">E-Commerce</keyword>) Rules of 2020.</li><li>All e-commerce entities will have to appoint a compliance officer, grievance officer and a nodal contact person.</li><li><keyword id="47183" type="ORGANIZATION" weightage="20" keywordseo="CCI">CCI</keyword> is also looking to launch an antitrust probe in the business practices of both <keyword id="18635" type="COMPANY" weightage="20" keywordseo="Amazon">Amazon</keyword> and <keyword id="6354742" type="COMPANY" weightage="20" keywordseo="Flipkart">Flipkart</keyword>.</li></ul> The government of <keyword id="3658" type="LOCATION" weightage="20" keywordseo="India">India</keyword> has decided to revise the e-commerce regulations, as offline retailers in the country continue to be dissatisfied with predatory practices of the e-commerce giants like Amazon and Flipkart. According to the new draft regulations by the Ministry of Consumer Affairs, Food and Public Distribution, e-commerce entities might be prohibited from hosting flash sales. The department of consumer affairs, in the amended policy, defines flash sales as “sale organised by an e-commerce entity at significantly reduced prices, high discounts or any other such promotions or attractive offers for a predetermined period of time on selective goods and services or otherwise with an intent to draw large number of consumers” Notably, organisations like Confederation of All India Traders (CAIT) have previously accused Amazon and Flipkart of giving deep discounts and eating into their businesses. The latest amendments to the Consumer Protection (E-Commerce) Rules of 2020 also bar e-commerce entities from displaying or promoting any misleading advertisements, whether in the course of business on its platform or otherwise. The ministry released the draft on Monday, June 21. Just like the Consumer Protection Act of 2019, which came into force in<a href="https://www.businessinsider.in/advertising/brands/news/the-new-consumer-protection-act-2019-provision-for-heavy-fines-and-even-jail-terms-for-misleadings-ads/articleshow/77065225.cms"> July last year</a>, the latest amendments aim to smoothen the grievance redressal process on e-marketplaces. Each e-commerce platform will have to establish an adequate grievance redressal mechanism. These platforms, including Amazon and Flipkart, will also have to appoint a Chief Compliance Officer, a Resident Grievance Officer and a nodal contact person in India. <table></colgroup><tbody><tr><td colspan="2" style="border-width: 1.5pt; border-color: rgb(0, 0, 0); vertical-align: bottom; background-color: rgb(207, 226, 243); padding: 2pt; overflow: hidden; overflow-wrap: break-word;">New draft e-commerce policy proposes new appointments </td></tr><tr><td style="border-width: 1.5pt; border-color: rgb(0, 0, 0); vertical-align: bottom; padding: 2pt; overflow: hidden; overflow-wrap: break-word;">Appointment </td><td style="border-width: 1.5pt; border-color: rgb(0, 0, 0); vertical-align: bottom; padding: 2pt; overflow: hidden; overflow-wrap: break-word;">Role </td></tr><tr><td style="border-width: 1.5pt; border-color: rgb(0, 0, 0); vertical-align: bottom; padding: 2pt; overflow: hidden; overflow-wrap: break-word;">Chief Compliance Officer </td><td style="border-width: 1.5pt; border-color: rgb(0, 0, 0); vertical-align: bottom; padding: 2pt; overflow: hidden; overflow-wrap: break-word;">Ensuring compliance with the Indian rules and Acts </td></tr><tr><td style="border-width: 1.5pt; border-color: rgb(0, 0, 0); vertical-align: bottom; padding: 2pt; overflow: hidden; overflow-wrap: break-word;">Resident Grievance Officer </td><td style="border-width: 1.5pt; border-color: rgb(0, 0, 0); vertical-align: bottom; padding: 2pt; overflow: hidden; overflow-wrap: break-word;">Ensuring redressal of grievances </td></tr><tr><td style="border-width: 1.5pt; border-color: rgb(0, 0, 0); vertical-align: bottom; padding: 2pt; overflow: hidden; overflow-wrap: break-word;">Nodal Contact Person </td><td style="border-width: 1.5pt; border-color: rgb(0, 0, 0); vertical-align: bottom; padding: 2pt; overflow: hidden; overflow-wrap: break-word;">Ensuring coordination with law enforcement agencies and officers </td></tr></tbody></table>The e-commerce rules are a combination of the Consumer Protection Act of 2019, Indian Exchange Control Laws (IEC Regulations) and the Information Technology Act of 2000. These guidelines have been set in place to ensure fair play in technology and a data-driven e-commerce environment. The latest amendment to the Consumer Protection (E-Commerce) Rules of 2020 also states: <ol><li>All e-commerce entities should be registered with the department for promotion of industry and internal trade (DPIIT).</li><li>E-commerce entities should provide information within 72 hours of receiving an order from a government agency.</li><li>E-commerce entities are barred from manipulating search results and cross selling of products.</li></ol>Cross-selling means sale of goods or services which are related or complimentary to a purchase made by a consumer. Usually e-commerce companies follow these practices to maximise their revenue. Praveen Khandelwal, CAIT’s secretary general, believes that the latest guidelines will purify the e-commerce landscape of the country, “which has been greatly vitiated by various e-commerce global companies to the extent that not only the domestic trade has been damaged, but even the consumers are also feeling the heat of their unethical business practices.” The lobby group has once again<a href="https://www.businessinsider.in/policy/news/amazon-and-flipkart-are-destroying-indias-retail-sector-says-cait-asks-government-to-revise-fdi-policy-in-e-commerce/articleshow/81567283.cms"> accused</a> the foreign funded e-commerce companies like Amazon and Walmart-owned Flipkart of violating India’s foreign direct investment (<keyword id="44528" type="COMPANY" weightage="20" keywordseo="FDI">FDI</keyword>) policy. Previously, CAIT and All India Online Vendors Association (AIOVA) have accused these e-commerce giants of flouting Foreign Exchange Management Act (FEMA) rules and devoiding the government of goods and services tax (<keyword id="6354679" type="DEFINITION" weightage="20" keywordseo="gst">GST</keyword>) with their deep discounting policy. The accusation made by lobby groups, along with a few media reports, have put e-commerce entities especially Amazon and Flipkart on a tough spot with the Indian government. Not only is the central government scrutinising their actions, but is also looking to amend India’s FDI policy to create a level playing field for local players. The <a href="https://indiacorplaw.in/2019/01/dipps-revised-fdi-policy-e-commerce-changing-rules-game.html">FDI policies</a> for e-commerce prohibit foreign funded e-commerce companies from selling products of the retailers they have a majority stake in, giving preferential treatment to certain sellers and having a control of their inventory. However, the deep discounting practices did raise questions about Amazon’s and Flipkart’s control over its inventory and pricing policies. In addition, India’s competition watchdog Competition Commission of India (CCI) is planning to launch an <a href="https://www.businessinsider.in/business/ecommerce/news/flipkart-and-amazon-have-challenged-cci-decision-to-launch-an-antitrust-investigation/articleshow/83601987.cms">antitrust probe</a> into Amazon’s and Flipkart’s business practices. The antitrust investigation would look into the alleged policy violations and anti-competitive behaviours of both the companies. SEE ALSO: <a target="_blank" class="c-link" href="https://www.businessinsider.in/cryptocurrency/news/portugals-central-bank-clears-two-crypto-exchanges-for-operations/articleshow/83705548.cms">Portugal’s central bank clears two crypto exchanges for operation</a> <a target="_blank" class="c-link" href="https://www.businessinsider.in/india/news/after-assam-up-law-commission-proposes-population-control/articleshow/83706798.cms">India’s most populous state is about to take some stringent measures to control population</a> <a target="_blank" class="c-link" href="https://www.businessinsider.in/business/startups/news/james-murdoch-plans-to-raise-150-million-from-ultra-rich-to-invest-in-indian-startups/articleshow/83709567.cms">James Murdoch plans to raise $150 million from ultra rich to invest in Indian startups</a>

Amazon, Flipkart and other e-commerce platforms may not be able to do flash sales any more, if Indian government has its way

<ul><li><keyword id="160091" type="COMPANY" weightage="20" keywordseo="USIBC">USIBC</keyword> has urged the Indian government not to tighten e-commerce rules and not to make any more material restrictive changes to e-commerce investment rules.</li><li><keyword id="853920" type="COMPANY" weightage="20" keywordseo="CAIT">CAIT</keyword> has sent a strongly-worded letter to USIBC President Nisha Biswal stating that USIBC's intervention is unwarranted and runs against the interests of the 85 million traders of India.</li><li>CAIT National President B.C. Bhartia and Secretary General Praveen Khandelwal said that the intervention of USIBC shows both <keyword id="18635" type="COMPANY" weightage="20" keywordseo="Amazon">Amazon</keyword> and <keyword id="80487" type="COMPANY" weightage="20" keywordseo="walmart">Walmart</keyword> are trying every route for an embargo over proposed changes in Press Note.</li></ul>New Delhi, The <keyword id="76562" type="ORGANIZATION" weightage="20" keywordseo="Confederation-of-All-India-Traders">Confederation of All India Traders</keyword> (CAIT) has strongly criticised US-based lobby group <keyword id="181958" type="ORGANIZATION" weightage="20" keywordseo="US-India-Business-Council">US-India Business Council</keyword> (USIBC) for objecting to an initiative of DPIIT to reframe the Press Note 2 of <keyword id="44528" type="COMPANY" weightage="20" keywordseo="FDI">FDI</keyword> policy. "The uncalled-for intervention of USIBC shows utter desperation of US companies like Amazon and Walmart and which are part of this lobby group, as they have understood that their sinister game of controlling and dominating e-commerce and retail trade of India will soon be over and they are trying to block initiative of DPIIT for bringing a new Press Note and e-commerce policy," CAIT said. "However, the 85 million-strong business community of India will ensure that reforms in e-commerce landscape should take place as soon as possible," the trader's body said. The CAIT has sent a strongly-worded letter to USIBC President Nisha Biswal stating that without knowing the true facts and under pressure of Amazon, Walmart and others, USIBC's intervention is unwarranted which runs against the interests of the 85 million traders of India. USIBC has urged the Indian government not to tighten e-commerce rules and not to make any more material restrictive changes to e-commerce investment rules as it will limit e-commerce firms from leveraging their scale. CAIT National President B.C. Bhartia and Secretary General Praveen Khandelwal said that at a time when in a recent judgement, the Delhi High Court has found Amazon guilty of violation of FDI policy and FEMA, the intervention of USIBC shows both Amazon and Walmart are trying every route for an embargo over proposed changes in Press Note. Bhartia and Khandelwal said that such a hue and cry is not understandable. CAIT said the government is not bringing any new law or policy and it is just trying to include Dos and Don'ts of the Press Note. Further scaling of any business can't be stopped by law or any policy. However, the scaling or growth in business has to be within the purview and parameters as defined in the policy or the law. "Why any entity should worry when the government is clarifying the policy?" CAIT asked. Bhartia and Khandelwal said that USIBC is mistaken in terming the business of these companies as an investment in India. The capital which these companies are using is meant to operate their business activities whose return in shape of revenue is accrued by these companies as their profit. Therefore, terming such capital as investment is factually wrong. CAIT said they are using this so-called investment as burning of capital to support their unethical business practices and also to violate the FDI policy of the government and the Foreign Exchange Management Act (FEMA). In a recent judgement of Delhi High Court, the court has taken on record that Amazon is violating FDI policy and FEMA, it added. SEE ALSO: <a href="https://www.businessinsider.in/business/news/one-thing-we-now-know-for-sure-is-in-the-budget-proposals-a-new-infra-lending-institution/articleshow/80600438.cms" data-type="tilCustomLink">One thing we now know for sure is in the budget proposals⁠— a new infra lending institution</a> <a href="https://www.businessinsider.in/budget/news/nirmala-sithraman-union-budget-2021-date-time-schedule-and-other-details-you-should-know/articleshow/80598178.cms" data-type="tilCustomLink" target="_blank">Union Budget 2021: Date, time, schedule and other details you should know</a> <a href="https://www.businessinsider.in/business/startups/news/a-golden-chance-for-startups-to-raise-a-funding-of-2-million-in-just-10-minutes-at-iit-bombays-e-summit-2021/articleshow/80598283.cms" data-type="tilCustomLink" target="_blank">A golden chance for startups to raise a funding of ₹2 million in just 10 minutes at IIT Bombay’s E-Summit 2021</a>

CAIT miffed with USIBC for intervening in India's e-commerce policy

New Delhi, In a significant development related to war between e-commerce giants and traders of India, the Union Government has directed the Enforcement Directorate and Reserve <keyword id="6355303" type="DOMAIN" weightage="20" keywordseo="bank-of-india">Bank of India</keyword> to take necessary action against <keyword id="18635" type="COMPANY" weightage="20" keywordseo="Amazon">Amazon</keyword> and Walmart-owned-Flipkart. The Centre has taken strong cognizance of various complaints made by the Confederation of All India Traders (CAIT) for <keyword id="2621917" type="PERSON" weightage="20" keywordseo="blatant-violation">blatant violation</keyword> of <keyword id="35066" type="ORGANIZATION" weightage="20" keywordseo="fdi-policy">FDI Policy</keyword> and Foreign Exchange Management Act, 1999 (FEMA) by these companies. CAIT National President B.C. Bhartia and Secretary General Praveen Khandelwal informed that on several complaints made by the CAIT to Union <keyword id="84" type="ORGANIZATION" weightage="20" keywordseo="Commerce">Commerce</keyword> Minister Piyush Goyal in the recent past against Amazon &amp; Walmart-owned-<keyword id="6354742" type="COMPANY" weightage="20" keywordseo="Flipkart">Flipkart</keyword>, the Department of Promotion of Industries and Internal Trade (DPIIT) of the Ministry of Commerce in its letter issued on December has asked both Enforcement Directorate and Reserve Bank of India to take necessary action against Amazon and Flipkart. Bhartia and Khandelwal said that in its communication to ED and RBI, the DPIIT has forwarded four complaints of CAIT including violation of FDI policy in deal between Flipkart and Aditya Birla Group, violation of FDI policy related to FDI in manufacturing which is being used for Multi Brand Retailing by various e-commerce companies, violation of FEMA and its rules by Amazon and blatant violation of FEMA and FDI Policy by Amazon and Flipkart and exploitation of loopholes by them. CAIT said that traders across Country will observe Year 2021 as "Bhartiya Vyapaar Samman Varsh" under the aegis of CAIT and all efforts will be made to clean the e-commerce landscape of India and an era of manipulations, mal-practices and exploitation will come to end and the CAIT will promote and encourage traders across Country to adopt digital commerce and digital payments as new instruments to widen the net of business in India. SEE ALSO: <a href="https://www.businessinsider.in/stock-market/news/top-stocks-to-watch-tata-steel-vedanta-adani-green-tata-motors-maruti-mm-dhfl-v-mart-indian-bank-and-others/articleshow/80038635.cms">Top stocks to watch — Tata Steel, Vedanta, Adani Green, Tata Motors, Maruti, M&amp;M, DHFL, V-Mart, Indian Bank, and others</a> <a href="https://www.businessinsider.in/tech/mobile/news/checkout-the-list-of-upcoming-new-mobiles-in-january-2021-with-expected-price/articleshow/80039794.cms">Upcoming smartphones in India in January 2021</a> <a href="https://www.businessinsider.in/international/news/ten-of-the-most-outrageous-predictions-for-2021-according-to-saxo-bank/slidelist/80040045.cms">From Amazon buying Cyprus to Germany bailing out France — here are ten of the most ‘outrageous’ predictions for 2021</a> <a href="https://www.businessinsider.in/business/startups/news/india-edtech-in-charts-how-the-shi[%E2%80%A6]es-of-byjus-unacademy-and-others/articleshow/80040270.cms">India’s edtech in charts – How the shift to online learning meant money, valuation and users for the likes of BYJU’S, Unacademy, and others</a>

Amazon and Flipkart accused of violating FDI policy — Indian government asks RBI and ED to take action

<ul><li>A draft policy for India’s burgeoning <keyword id="35621" type="PERSON" weightage="20" keywordseo="e-commerce">e-commerce</keyword> sector is expected to be finalised by the end of the year. </li><li>A key proposal calls for opening up e-commerce firms to 49% foreign ownership, only if they source domestically-produced goods. </li><li>Since 2016, the government has allowed 100% foreign ownership in firms that employ the marketplace model, like <keyword id="6354742" type="COMPANY" weightage="20" keywordseo="Flipkart">Flipkart</keyword>. </li></ul> A draft policy for India’s burgeoning e-commerce sector has been in the works for a while. While a government committee, comprising nine sub-groups and led by Suresh Prabhu, the Minister of Commerce and Industry, is putting the finishing touches to the policy, a number of key proposals of have been revealed. And one, in particular, concerns the government’s “Make in India” scheme. An FDI-focused taskforce led by Rita Teaotia, the secretary of the Commerce Ministry, has suggested allowing e-commerce platforms that utilise an “inventory model” to be as much as 49% foreign-owned. Currently, only food retailers are afforded this ownership allowance. E-commerce firms that use the inventory model manage their own inventory and actually own the products that are put up for sale, selling them to consumers directly. However, foreign entities need to source these products domestically and the founder of the business needs to be an Indian resident. The move will likely give small-and-medium enterprises a boost and attract even greater investment to India’s e-commerce sector. The proposal will require the creation of an agency tasked with accrediting “made in India” products. Currently, e-commerce platforms that have even a minimal foreign ownership aren’t allowed to deploy the business-to-consumer model. Since 2016, the government has allowed 100% foreign ownership in firms that employ marketplace models, like Flipkart, which was recently purchased by Walmart. Companies employing the marketplace model act as facilitators between buyers and sellers. So, Flipkart doesn’t directly sell the product but gives registered companies a chance to sell their products. A national regulator The government committee has submitted a number of other proposals. These include a recommendation that calls for the data of Indian consumers be stored “exclusively” in India within two years. This precludes data not collected in India and the recommendation is line with the draft data protection bill released by the by the Srikrishna panel earlier. Additionally, the draft policy also calls for the establishment of a national regulator for the e-commerce industry. This will be vital to ensuring that the interests of consumers and small businesses are safeguarded, especially amid fears that India’s e-commerce sector would be flooded with foreign-made products. The regulator will also ensure that all foreign investment caps are complied with. The e-commerce policy is currently being fine-tuned, before being opened up to stakeholder consultations. It is expected to be finalised by the end of the year.

India may loosen FDI rules in the e-commerce sector to give “Make in India” a boost

Looks like <keyword id="6354743" type="COMPANY" weightage="100" keywordseo="Amazon-India">Amazon India</keyword> doesn’t want to get into any sort of problems with the Indian government regarding the FDI rules. This is why the e-commerce giant is looking forward to new merchants to sell the most popular products. 
 As per the <keyword id="3489921" type="UNKNOWN" weightage="100" keywordseo="changed-FDI-rules">changed FDI rules</keyword>, any single merchant can’t do more than 25% of the total sales for an e-commerce company. In case of <keyword id="18635" type="CITY" weightage="100" keywordseo="Amazon">Amazon</keyword>, up until now, Cloudtail, owned by a JV between Amazon Asia and NR Narayana Murthy, used to be the largest merchant selling most of its popular products. However, as the Indian government announced these new regulations in April, the Seattle-based company has started looking at other merchants, says a report by <a href="http://economictimes.indiatimes.com/small-biz/startups/amazon-turning-to-fresh-crop-of-merchants-for-selling-popular-products-on-its-online-platform/articleshow/53182275.cms">ET</a>. 
 
Also read: <a href="http://www.businessinsider.in/India-has-allowed-100-per-cent-FDI-in-food-ecommerce-and-a-warzone-has-already-been-formed/articleshow/52848943.cms">India has allowed 100 per cent FDI in food ecommerce and a warzone has already been formed</a> 
 
Online retailers in India have said that they already comply with the rules and don’t own any inventory; however, all of them have their own merchants, like <a href="http://www.businessinsider.in/WS-Retail-triples-its-turnover-to-combined-sales-of-Shoppers-Stop-Future-Lifestyle-Trent-Pantaloons/articleshow/49609059.cms">WS Retail</a> for Flipkart and Cloudtail for <a href="http://www.businessinsider.in/These-charts-show-why-Amazons-throwing-5-billion-into-the-Indian-market/articleshow/52980168.cms">Amazon</a>, which make up a major part of their sales. 
 
As per a Mint <a href="http://www.livemint.com/Companies/7wDzIby73qDkTiEyWYnAyH/Flipkart-firms-up-plans-to-comply-with-ecommerce-FDI-norms.html">report</a>, even <a href="http://www.businessinsider.in/Amazon-India-is-much-ahead-of-Flipkart-in-overall-web-traffic/articleshow/52886403.cms">arch rival Flipkart</a> has decided to include four new sellers in its merchant base so that its dependence on WS Retail can be reduced. 
 
Talking of Amazon, it has added Cart2India Online, Amiable Electronics, Apptronics Retail, E-Mobiles, Okay Enterprises, GreenMobiles and S&amp;S Company as its primary sellers, selling smartphones exclusively available on Amazon. 
 
The move has come at the right time, since the <a href="http://www.businessinsider.in/Ahead-of-festive-season-AmazonIndia-invests-in-six-new-fulfillment-centres/articleshow/53112025.cms">Indian festive season</a> is about to begin, and Amazon would want to be ahead of its <a href="http://www.businessinsider.in/Flipkart-doesnt-want-to-bungle-up-Big-Billion-Day-sale-in-October-many-changes-expected/articleshow/53057734.cms">rivals</a>. 
 
<a href="http://www.todayonline.com/sites/default/files/styles/photo_gallery_image_lightbox/public/2016-02-05T174345Z_1_LYNXNPEC1412T_RTROPTP_3_AMAZON-RESULTS.JPG?itok=6XYIxF3C">Image source</a>

Amazon is following all FDI rules like a pro

Chinese smartphone maker Xiaomi’s future in India is in the hands of a special panel, which has been set up by the government to decide whether Xiaomi’s proposal meets the "<a href="http://www.businessinsider.in/Not-everything-can-be-termed-state-of-the-art-says-Indian-government-to-facilitate-FDI/articleshow/51628211.cms">cutting edge technology</a>" condition. Only if the panel says yes that Xiaomi will be allowed to set up stores in India without the mandatory domestic sourcing, as per the <a href="http://www.businessinsider.in/New-FDI-rules-to-upset-online-shoppers-no-more-promotional-offers-and-cash-backs/articleshow/51644272.cms">new FDI rules</a>. 
 
The new rules say that companies bringing cutting edge and state-of-the-art technology to India will be allowed to open single-brand outlets without 30% compulsory sourcing of materials locally subject to government approval. 
 
To make good use of this opportunity, Xiaomi had earlier this month applied for single-brand retail under the state-of-the-art category, seeking permission to forego the 30% sourcing norm for a range of its products including Wi-Fi amplifiers, Bluetooth speakers and power banks. 
 
The panel comprises of three members, secretary of DIPP, one member of the NITI Aayog, and a representative of the administrative ministries including telecom and information technology. It has been formed by government to define cutting edge technology. The panel will now consider all such proposals submitted under this category on a case to case basis. 
 
As per a senior government official, "Any technology which has never been made before in India and cannot be replicated is worthy of being considered under the cutting edge definition." 
 
Besides Xiaomi, Apple had also applied for a similar licence, and the application is being <a href="http://www.businessinsider.in/Apple-to-open-stores-in-India/articleshow/51938335.cms">considered for approval </a>by the government. 
 
<a href="http://www.livemint.com/rf/Image-621x414/LiveMint/Period1/2014/07/16/Photos/xiaomicorp--621x414.jpg">Image source</a>

Xiaomi's future in India is at stake

<ul><li>The debate is over the incoming rules on e-commerce.</li><li>Some of the most sticky issues in the rules include ‘fallback liability’ and the crackdown on flash sales and deep discounts.</li><li>Online retailers argue that the platform cannot be held responsible for deeds of the seller.</li><li>Check out the latest news and updates on <a href="https://www.businessinsider.in/">Business Insider</a>. </li></ul>The tussle between e-commerce giants ⁠— both existing ones like <keyword id="18635" type="CITY" weightage="20" keywordseo="Amazon">Amazon</keyword> as well as the ones like the over $120 billion Tata Group that is still building its online retail vertical ⁠— and India’s incoming regulations has burst out of closed doors. "When I see Tata Sons that they're objecting to some consumer benefit laws or regulations that I'm bringing in, then frankly it hurts," India’s Commerce and Industry Minister <keyword id="6355222" type="PERSON" weightage="20" keywordseo="piyush-goyal">Piyush Goyal</keyword> <a href="https://economictimes.indiatimes.com/news/economy/policy/tatas-objecting-to-consumer-benefit-laws-hurts-goyal/articleshow/85283877.cms">reportedly</a> said on August 12. The comments were made during the event hosted by the Confederation of Indian Industry (CII) and has since been reportedly removed. Goyal was referring to pushback from the e-commerce players against the <a href="https://prsindia.org/files/parliamentry-announcement/2021-07-21/CommentseCommerce_Rules2020_upto_21July2021.pdf">incoming norms</a>, which the government says are intended to protect the consumers in e-commerce. The deadline for seeking comments on the rules ended on July 21. While the rules at the centre of this debate are called ‘Consumer Protection (E-Commerce) Rules, 2020,’ Goyal’s comments largely reflect the fear of traders’ community, the Confederation of All India Traders (CAIT) and Delhi Vyapar Mahasangh, lobbies that have been revolting against online retailers, particularly, foreign players like Amazon and Flipkart (now owned by US-based Walmart). “Six crore small shops, related to retail business and employing almost 12 crore people, are being threatened now,” he said. These are some of the rules that are making online retailers like Amazon, Flipkart and the 150-year old Tata Group ⁠— which is trying to <a href="https://www.businessinsider.in/business/startups/news/tata-tryst-with-e-grocery-starts-with-a-billion-dollar-acquisition-of-bigbasket-heres-why-it-could-be-a-sweet-deal-for-both/articleshow/81478849.cms">build its online retail empire</a> with the acquisition of startups like <keyword id="964794" type="COMPANY" weightage="20" keywordseo="BigBasket">BigBasket</keyword>, 1mg and curefit ⁠— nervous. <table style="border-width: initial; border-style: none; table-layout: fixed; width: 468pt;"></colgroup><tbody><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Rule proposed </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">E-commerce players’ argument </td></tr><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Flash sales are not allowed </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Need more clarity </td></tr><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Fallback liability </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">The platform can’t be penalised for a seller’s act </td></tr><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Deep discounts </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Taking away discounts hurts consumers </td></tr></tbody></table> “Fallback liability” makes platforms like Amazon and Flipkart, or any other platform for that matter, liable to compensate the consumer if the seller registered with the entity fails to deliver the goods or services exactly in the way described on the platform. “The concept of "Fall Back liability" should be done away with because it dilutes the intermediary safe harbour under the provisions of the IT Act as well as the arm’s length requirements provided under the FDI [foreign direct investment] Policy," industry body Internet and Mobile Association of India (IAMAI) had <a href="https://www.moneycontrol.com/news/business/startup/consumer-protection-rules-customers-to-get-negatively-impacted-say-e-com-firms-seeking-changes-in-proposed-rules-7204161.html">said</a> earlier. Online retailers are also under the scanner on various other issues Another issue that Amazon is facing is the antitrust probe for having exclusive tie-ups with makers of products like smartphones as well as for offering deep discounts. The Supreme Court of India, last week, <a href="https://timesofindia.indiatimes.com/business/india-business/sc-upholds-cci-probe-into-amazon-flipkart/articleshow/85197369.cms">allowed the probe</a> by the Competition Commission of India (CCI) to continue and told the companies to join the probe in four weeks. The Minister, Goyal, cheered this. “These companies even tried with their legal tricks to halt the investigation against them but it’s with extreme pleasure that I inform you that on the anniversary of ‘Quit India Movement’, the Supreme Court has quashed their plea. The apex court decided that CCI should investigate them and the fraudulent and unfair trade practices used by the companies as informed by the government and small shopkeepers to CCI.” Other outfits rail against online giants The e-commerce rules have been creating a lot of furore in India. Other political outfits like the Swadeshi Jagran Manch (SJM) have <a href="https://economictimes.indiatimes.com/news/india/rss-affiliate-suggests-changes-in-consumer-protection-e-commerce-rules/articleshow/84613325.cms">argued</a> that the rules are protecting only those who sell goods via online retail. The SJM wants the laws to protect service providers ⁠— the likes of hairdressers, plumbers and electricians who are employed via platforms like Urban Company. SJM is affiliated to the Rashtriya Swayamsevak Sangh (RSS), which is the ideological parent for the Bharatiya Janata Party (BJP) that is in power at the government in New Delhi. SEE ALSO <a href="https://www.businessinsider.in/business/startups/news/eruditus-is-indias-fourth-edtech-unicorn-valued-at-3-2-billion/articleshow/85267050.cms" data-type="tilCustomLink">Eruditus is India’s fourth edtech unicorn, valued at $3.2 billion</a> <a href="https://www.businessinsider.in/business/startups/news/travel-app-ixigo-files-for-a-1600-crore-ipo/articleshow/85292327.cms" data-type="tilCustomLink">Travel app ixigo files for a ₹1,600 crore IPO</a>

It’s not just Amazon and Flipkart ⁠— here’s why even the Tata Group is making Piyush Goyal angry

The Confederation of All India Traders (CAIT) in a letter sent to Union Commerce Minister Piyush Goyal has said <keyword id="1007503" type="PERSON" weightage="20" keywordseo="foreign-entities">foreign entities</keyword> like <keyword id="18635" type="COMPANY" weightage="20" keywordseo="Amazon">Amazon</keyword> and <keyword id="6354742" type="COMPANY" weightage="20" keywordseo="Flipkart">Flipkart</keyword> are hell bent on ruthlessly destroying the Indian retail sector with their deep pockets and expansive lobby of legal experts who will stop at nothing before trampling the lives of over 40 crore Indians. CAIT in a communication sent to Goyal said that FDI in e-commerce section of Press Note No.2 of FDI Policy 2016/2018, the stipulations of which foreign entities like Amazon and Flipkart are hell bent on ruthlessly destroying the Indian retail sector with their deep pockets and expansive lobby of legal experts who will stop at nothing before trampling the lives of over 40 crore Indians. "It is nothing less than a daylight robbery where expressive prohibitions of Press Note No.2 are grossly and blatantly are being violated by such foreign entities derived with their ulterior motives to implement their hidden agenda to control and dominate not only the e-commerce business but also the retail trade of India in a very clandestine manner", it said. CAIT said that instead of complying the stipulations of said Press Note both in letter and spirit to respect the law of the land, these foreign entities are deliberately each and every rule of the Press Note No.2 treating India as a banana republic. Under such a grim situation and particularly in the wake of current highly vitiated e-commerce business, a duty is cast upon the Government to protect sanctity of the law, rules and regulations pertaining to FDI in e-commerce and therefore necessity of a new and fresh Press Note replacing Press Note No.2 of the FDI policy is need of the hour. The loopholes of the present policy are being exploited by foreign e-commerce giants like Amazon and Flipkart so that these loopholes are properly plugged and the policy is implemented as per its original intent. CAIT said that such control allows them do predatory pricing, deep discounting, preferential treatment of sellers with capital dumping through their affiliate sellers at its root. All this is done to gain the market share and make illegitimate financial gains at the expense of livelihood of 8.5 crores small merchants, their dependent families and employees. To circumvent the restriction imposed on the <keyword id="2387771" type="POSITION" weightage="20" keywordseo="marketplace-model">marketplace model</keyword> of e-commerce, a common practice resorted to by these giant foreign e-commerce entities has been to create affiliate companies as sellers, in such a way that they have full control on their business by the way of equity and/or economic participation through their parent/group companies without strictly falling within the definition of 'Group Company' in FDI policy. To plug these loopholes CAIT has demanded to include vital points for issuance of a new Press Note on FDI policy in e-commerce. In order to clearly demarcate the boundary between "market place model" and "inventory based model", any type of direct/indirect, equity or economic relationship, between "e-commerce marketplace entity" and "seller on its platform" should be prohibited. For this purpose, any type of relationship between "marketplace entity" and "Seller", whether direct or indirect, equity or economic or otherwise should be strictly prohibited. Such prohibited relationship between Marketplace and Seller may include, but not limited to, Group companies, Affiliates, Related Parties, Associate Companies, Beneficial owners or any other person(s)who can exercise such control. It also suggested that marketplace based model of e-commerce would mean provision of an information technology digital platform by an e commerce entity to act as a facilitator between buyer and seller only. Inventory based model of e-commerce would mean an e-commerce activity where inventory of goods and services is owned by e-commerce entity and is sold to the consumers directly. E-commerce market place entity and its Group Companies will not, directly or indirectly, own or control the inventory i.e. goods or services purported to be sold on the marketplace. Such an ownership or control over their inventory will render the business into inventory-based model. Marketplace entity &amp; its Group Companies shall not, directly or indirectly sell inventory of goods or services purported to be sold on the marketplace to the Sellers. If any goods or services which are sold by the Group Companies of marketplace and are resold in the e-commerce platform, then such activity shall be treated as inventory based model of e-commerce, CAIT said. The seller having ownership or control on its inventory by the Group Companies of e-commerce marketplace entity, is not permitted to sell its goods or services on the marketplace. Inventory of a seller on the marketplace will be deemed to be controlled by e-commerce marketplace entity if such seller purchases its inventory purported to be sold on the marketplace directly or indirectly from its Group Companies. Further, each marketplace entity and its affiliates, group companies, associates shall provide all details, information, documents, statements and returns as required by the Government or any Regulator, at prescribed intervals or from time to time for verification of compliance with the provisions of these guidelines, CAIT said. SEE ALSO: <a href="https://www.businessinsider.in/business/corporates/news/kishore-biyani-future-group-appeals-to-the-singapore-arbitrator-to-exclude-future-retail-from-the-fight-with-amazon/articleshow/81562016.cms">Ahead of Delhi High Court's decision, Future Group appeals to the Singapore arbitrator to exclude Future Retail from the fight with Amazon</a> <a href="https://www.businessinsider.in/business/startups/news/indian-spacetech-startup-pixxel-space-gets-7-3-million-funding-before-the-launch-of-its-first-satellite/articleshow/81562421.cms">Indian spacetech startup Pixxel gets $7.3 million in funding as it announces a new product even before the launch of its first satellite</a> <a href="https://www.businessinsider.in/business/telecom/news/airtel-adds-3-times-more-subscribers-than-reliance-jio-vodafone-idea-turns-positive-for-the-first-time-in-15-months/articleshow/81562851.cms">Airtel adds 3 times more subscribers than Jio while Vodafone Idea gets net addition first time in 15 months</a>

'Amazon and Flipkart are destroying India's retail sector,' says CAIT, asks government to revise FDI policy in e-commerce

<ul><li>The government rolled out the Consumer Protection (<keyword id="35621" type="PERSON" weightage="20" keywordseo="e-commerce">E-Commerce</keyword>) Rules of 2020, two weeks ago.</li><li><keyword id="46130" type="COMPANY" weightage="20" keywordseo="IAS">IAS</keyword> Aruna Sharma highlighted that the e-commerce platforms should not be treated so differently, as retailers follow similar practices too.</li><li>While the retailers are celebrating the regulation at the moment, this may be going to do more harm to them as e-commerce liberalised trade.</li></ul> The government of <keyword id="3658" type="LOCATION" weightage="20" keywordseo="India">India</keyword> updated its draft e-commerce policy earlier last week, in an attempt to create a level playing field for small retailers that still operate, majorly, out of brick-and-mortar stores. The amendment has been lauded by several traders and associations like the Confederation of All India Traders (<keyword id="853920" type="ORGANIZATION" weightage="20" keywordseo="CAIT">CAIT</keyword>), but industry experts fear that the policy may not be in their best interest. In a recent webinar conducted by public-policy think-tank ‘The Dialogue’ on the “Draft <keyword id="7222389" type="UNKNOWN" weightage="20" keywordseo="e-commerce-rules">e-commerce rules</keyword> and its impact on the industry”, industry experts highlighted that the ecommerce industry and the <keyword id="6354851" type="UNKNOWN" weightage="20" keywordseo="retail">retail</keyword> industry will have to coexist, not only in the best interest for the end customers, but for themselves. <keyword id="1168444" type="PERSON" weightage="20" keywordseo="Deepak-Shetty">Deepak Shetty</keyword>, director of software solutions firm Zed-Axis Technologies, highlighted that the Indian micro, small and medium enterprises (MSMEs) are reaching out to the <a href="https://www.businessinsider.in/business/startups/news/new-technology-is-putting-conventional-jobs-out-of-business-msme-exchange-panelists-highlight-on-how-it-helps-in-the-long-run/articleshow/84013275.cms">global market </a>these days and it would not have been possible without ecommerce platforms. “I [from the perspective of a small seller] would have to spend so much more money to set up offices abroad and go to trade shows, but today I am able to do it at the least possible cost,” he added. Meanwhile, Aruna Sharma, an Indian Administrative Service (IAS) officer and former secretary to the government of India, noted that the consumer behaviour is now shifting towards e-commerce portals, just like it shifted to malls over a decade ago. The retail and e-commerce platforms will have to coexist, as technology takes over. Meanwhile Sharma highlighted that the e-commerce industry should not be treated so differently from the retail industry. Though e-commerce platforms are <a href="https://www.businessinsider.in/business/ecommerce/news/amazon-and-flipkart-may-have-a-new-headache-as-indias-e-commerce-policy-could-also-question-their-algorithms/articleshow/81512786.cms">barred</a> from giving preferential treatment to any sellers under the foreign direct investment (FDI) rules, retailers are free to do so. She explained any retailer can position the products based on the commission they earn on their sale, but e-commerce companies are not allowed to apply similar tactics to promote products that give them higher commissions. Similarly, Shetty noted that the e-commerce policies are not something dynamic, but are based on the practices that even retailers follow. “If I remove the ecommerce from the guidelines and put retail in it, it will still mean the same. I cannot hold the platform responsible for a seller,” he added. Minimal policy may be the best way out to help sellers Jehangir Gai, joint honorary secretary of the Consumer Welfare Association emphasised that minimal regulation is required in this space to ensure that the consumers’ demands are met. He also highlighted that more regulations lead to more corruption and interference. “The objective is laudable, but the methodology is flawed,” he added. He also agreed that there are some issues within the segments, but “let’s not kill the entire industry, in the name of a few black sheep.” Echoing Gai’s thoughts, Shetty drew comparisons between the real world and a classroom. “Let teachers make rules or allow students to come up with their own ideas to find the solutions. Second part where we nurture creativity, and that’s the one that works. Restriction is going to lead to restricted business growth,” he added. The latest amendment to the Consumer Protection (E-Commerce) <a href="https://www.businessinsider.in/business/ecommerce/news/flipkart-and-amazon-may-not-be-able-to-do-flash-sales/articleshow/83737670.cms">Rules </a>of 2020 have barred e-commerce companies from carrying out flash sales that offer products at “significantly reduced prices, high discounts or any other such promotions or attractive offers for a predetermined period of time on selective goods and services or otherwise with an intent to draw large number of consumers.” Grievance system may prove beneficial for customers It also aims to smoothen the grievance redressal process on e-marketplaces by making it mandatory for each of these platforms to appoint a Chief Compliance Officer, a Resident Grievance Officer and a nodal contact person in India. Commenting on the same, Zed-Axis’ Shetty said that there should definitely be a grievance officer, but the government should give them “enough teeth to make decisions in the favour of the consumer”, otherwise it’s not really the right solution. However, Gai noted that the Indian grievance-redress mechanism has failed across other segments and it may happen in this segment as well. He also mentioned that flash sales help consumers. “For over the years, we had monopolistic practices and restrictive trade behaviour, I think it comes from traditional systems. I think these flash sales ultimately help the consumers,” he said. SEE ALSO <a href="https://www.businessinsider.in/business/startups/news/failure-to-pivot-covid-19-blues-force-amazon-backed-shuttl-to-look-for-a-buyer/articleshow/84056797.cms">Failure to pivot, COVID-19 blues force Amazon-backed Shuttl to look for a buyer</a> <a href="https://www.businessinsider.in/thelife/personalities/news/gautam-adani-and-family-slip-out-of-worlds-top-20-billionaires-as-per-forbes/articleshow/84062686.cms">Gautam Adani and family slip out of world’s top 20 billionaires, as per Forbes</a> <a href="https://www.businessinsider.in/policy/economy/news/restaurants-are-starting-to-hire-robots-instead-of-people-who-are-demanding-higher-pay/articleshow/84053058.cms">Restaurants are starting to hire robots instead of people who are demanding higher pay</a>

Why restrict e-commerce players like Flipkart and Amazon when offline retailers follow the same practices, ask industry experts

New Delhi, Dec 6 () The government has made it mandatory for e-commerce companies like Amazon and Flipkart to submit FDI policy compliance report by statutory auditor by September 30 every year, a move aimed at ensuring that they follow all the norms properly.
 As per the government notification issued on Thursday, e-commerce companies have to obtain statutory auditor report by September-end for the preceding financial year.
 Section 15 of the Foreign Exchange Management Act (FEMA) deals with e-commerce entities.
 "Against Sl. No. 15.2.3, for entry (p), the following entry shall be substituted, namely-(p) e-commerce marketplace entity with FDI shall have to obtain and maintain a report of statutory auditor by 30th of September every year for the preceding financial year confirming compliance of the e-commerce guidelines," the gazatte notification said
 According to government sources, this decision will help in ensuring compliance of FDI policy in the e-commerce sector.
 The move will raise compliance cost for such companies.
 Trader bodies have been raising concern over violation of foreign direct investment (FDI) norms.
 The Confederation of All India Traders asked the government not to give in the demands of global e-commerce players and American industry chambers to amend the recent changes made to the foreign direct investment (FDI) norms for e-commerce.
 It asked the government to make it mandatory for the e-commerce companies to obtain a compliance certificate by March 31, to be able to raise funds.
 The CAIT has often complained about predatory pricing and discounts, along with other violations of the FDI policy, particularly during festive season.
 Commerce and Industry Minister Piyush Goyal had warned e-commerce companies of strict action if they do not halt predatory pricing on their platforms, flouting FDI rules.
 The issue figured in a discussion Goyal had with Amazon India head Amit Agarwal on November 5, sources said.
 A clarification of Press Note 2 issued last December had barred marketplaces from selling products from vendors in which they have an equity interest. They also can't enter into deals with any brand to sell products exclusively on their platforms. These norms came into force in February. RR DP HRS

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