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.
Delhi HC reserves orders on CCI probe on WhatsApp’s Privacy Policy 2021.
In 2021, CCI ordered a suo-motto probe on WhatsApp’s updated Privacy Policy 2021. A single judge at Delhi High Court dismissed WhatsApp LLC’s challenge to the probe. Upon appeal, CCI contends that the updated policy is collecting excessive data and is using the said data for targeted advertising. WhatsApp is abusing its, hence, dominant position to bring in more users. The 2-judge bench of Delhi High Court reserved their order after hearing both the parties.
Authored by Ipshita Bhattacharyya (Associate, BananaIP Counsels).
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