This week’s anti-trust and privacy updates are as follows:
NCLAT suspends Amazon’s investment in Future-coupons, upholding CCI’s decision.
The NCLAT has ordered Amazon to pay 200CR INR in penalty for making false statements and material omissions in its disclosures regarding the acquisition of Future Coupons Group. The Appellate Tribunal has upheld that Amazon deliberately mislead the CCI by misrepresenting its acquisition as an expansion of the portfolio and consequently, suppressing its strategic interest in the Subsidiary Future Retail Ltd. CCI, in the course of its investigation, had reviewed and accessed Amazon’s internal documents and communique, contended to be confidential by Amazon, to rule the acquisition under unfair dealing.
Apple’s App Tracking Transparency (ATT) feature under probe in Germany for being potentially anti-competitive.
Apple’s newly launched ATT feature requires third-party apps to request permission from users to track data for ad-targeting. It is under scanner in Germany for potentially “self-preferencing or creating unfair barriers” for third-party apps. In the past year, France and Poland have also opened up probes into Apple’s ATT. Germany’s Federal Cartel Office, although applauding the policy for user consent-based data use, are evaluating Apple’s position, in unilaterally setting the rules and managing such access to data, under the newly introduced anti-competitive rules.
Authored by Ipshita Bhattacharyya (Associate, BananaIP Counsels).
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