In several nations, e-commerce is regulated. India, like other countries, has
the authority to control the conduct of corporations operating on its territory.
This is why the Indian government has enacted e-commerce-specific legislation.
The Indian e-commerce market, on the other hand, has become a haven for global
behemoths. Wal-Mart and Amazon, for example, are currently the most powerful
players in the Indian market. Many of these global corporations were found to be
breaking local laws. Rather than respecting the rules in letter and spirit,
these global corporations have attempted to get around them.
The Indian government was forced to issue new notifications as a result of this
situation. These were not new rules in and of themselves. They were merely
intended to ensure that multinational corporations did not exploit legal gaps.
Following are some of the key characteristics of these new e-commerce
Exclusive Offers are no longer available:
Exclusive partnerships with vendors are now prohibited in India, according to
the Indian government. Such transactions, according to the Indian government,
are unfair competition since they aid attempts to corner the market.
Until far, e-commerce businesses have used their financial and marketing clout
to force vendors to offer exclusive bargains. These transactions have been at
the heart of e-tailors� unethical behavior in India. Because several merchants
will now sell the same goods, competition will increase, lowering consumer
The Indian government is preventing exclusive deals from becoming a large
player's game by prohibiting them. Millions of small business owners should be
able to sell on these platforms as well.
Lawbreakers with a Disguise:
India's government has decided to open its markets
in stages. This is why some sectors of the economy are open to 100 percent
foreign direct investment while others are not.
100vernment prohibits foreign corporations from owning more than 49 percent of
multi-brand retail outlets. To get around this regulation, e-commerce giants
like Flipkart and Amazon used a complicated network of businesses. As a result,
e-commerce companies were really cloaking multi-brand retail entry into the
Backdoor operations will no longer be possible:
Flipkart and Amazon, for
example, have separated their inventory holding operations into independent
companies. Once again, it was discovered that e-commerce corporations were
avoiding the law rather than following it. Marketplaces are simply supposed to
be a place where buyers and sellers meet, according to the previous e-commerce
regulation. Marketplaces have been explicitly forbidden from retaining inventory
in order to prevent them from influencing market pricing, which also hurt
In actuality, these markets had developed special purpose vehicles whose primary
aim was to purchase directly from brands at a lesser cost. Smaller merchants
would buy the product from these SPVs. E-commerce platforms also have sway over
the smaller retailers. This is why these ostensibly smaller stores have a lot
more exposure than regular smaller retailers. As a result, the reality was that
these so-called independent stores were little more than e-commerce companies'
inventory management divisions. In order to get around the legislation, they
were falsely represented as independent businesses. Furthermore, many of these
SPVs were being utilized to construct private labels and segregate market share
for the e-commerce brand.
Given the nefarious nature of e-commerce operations, it's no surprise that the
government has chosen to put a stop to them. E-commerce corporations are now
prohibited from purchasing more than 25% of all products sold by a single
seller, according to new laws.
Furthermore, the Indian government has implemented a number of restrictions that
make it impossible for e-commerce platforms to give particular merchants
preferential priority. The new laws make it plain that discriminatory policies
of any kind are banned. The government wants to make sure that the millions of
small sellers that make up India's retail market are treated equally.
No more huge discounts by E-Commerce Enterprises:
E-commerce enterprises are likewise prohibited from offering substantial
discounts under current guidelines. Deep discounting is a predatory pricing
strategy that entails taking losses until the opponent runs out of cash. There
is no doubt that this policy is unethical and must be ended as soon as
Comparison to new rules:
The draught e-commerce policy said, Actions and things that the platform
entities cannot perform can also not be done by any of its associates and
Online marketplaces are not allowed to maintain their own inventory or affect
the price of items offered under India's e-commerce FDI guidelines, which also
ban group companies or entities controlled by marketplaces from selling on their
Compared to the old rules Companies are also prohibited from manipulating the
price of goods and services offered on their platforms in order to create
unreasonable profit, discriminate against customers, or make any arbitrary
classification of customers that affects their rights under the Act.
E-tailers must disclose facts concerning return, refund, exchange, warranty and
guarantee, delivery and shipment, modes of payment, and grievance resolution
mechanism, as well as the country of origin
under the new Consumer
Protection (E-Commerce) Rules, which go into effect in 2020.
Challenges: They are unable to sell their own retail goods:None of the e-commerce entities related parties and connected enterprises
is enlisted as a seller for direct sale to consumers
,� according to the
new guidelines. This has an influence on a number of platforms that sell
products from independent vendors.
An e-commerce platform's associated enterprise
is defined as any entity that
shares 10% or more of its ultimate beneficial ownership.
Overburdening by legal challenges Judiciary:
Many of these principles will undoubtedly result in lengthy judicial battles.
The judiciary will be overburdened as a result of this.
The guidelines will allow for government action on a case-by-case basis. For
example, back-to-back flash sales that limit buyer choice are disallowed.
Whether a sale is in violation of these terms is still up for interpretation by
In contrast to Commerce and Industry Ministry regulations, the new draught
guidelines provide that no related parties or associated businesses should be
listed as marketplace sellers. The Commerce Ministry, on the other hand,
compelled corporations like Amazon to reduce their stake in preferred vendors to
24 percent. This was done to give sellers a more level playing field. As a
result, the regulations are muddled.
It's unclear how identifying items by their country of origin
benefit domestic manufacturers unless it's assumed that consumers are motivated
by patriotism rather than value.
This proposal, unlike the last set of rules produced by the trade ministry,
makes no distinction between international and domestic e-commerce.
Multiple ministries controlling the e-commerce sector have created
misunderstandings, which the government must clear up. As a result, the
government must establish a single nodal agency and streamline online
marketplace regulations. E-commerce enterprises will continue to construct new
structures and build convoluted supply chains to avoid the current standard
until the government comes up with final legislation to manage the sector.
The new rules will merely exacerbate existing issues while potentially assisting
some unproductive rivals. As a result, the new drought rules must be reviewed
Award Winning Article Is Written By: Mr.Kishan Dutt Kalaskar
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