The Delhi High Court has issued notices to the Competition Commission of India (CCI) and food delivery platform Swiggy in response to a petition filed by the National Restaurant Association of India (NRAI).
The NRAI challenged its exclusion from a confidentiality ring established by the CCI to review alleged anti-competitive practices involving Swiggy and Zomato. Justice Sanjeev Narula set January 21, 2025, as the date for the next hearing.
A confidentiality ring is a mechanism allowing entities under CCI investigation to exchange sensitive commercial information while ensuring confidentiality. Representing the NRAI, Advocate Abir Roy argued that the association needs access to confidential documents submitted by Swiggy to file objections to the Director General’s (DG) report, which has already been released.
The CCI and Swiggy countered that NRAI’s request conflicts with confidentiality ring regulations, but CCI’s counsel agreed to file a formal response. Roy requested an earlier hearing date due to impending deadlines for submitting objections, but the Court scheduled the next hearing for January.
Earlier this year, Swiggy petitioned the Karnataka High Court to challenge a CCI order granting NRAI representatives access to confidential data related to Swiggy. The High Court subsequently directed the CCI to reconsider the issue, and CCI later ruled to exclude NRAI from the confidentiality ring. This led the NRAI to approach the Delhi High Court.
The NRAI first raised concerns in 2021, alleging anti-competitive practices by Swiggy and Zomato. The CCI, upon review in 2022, found grounds for further investigation, and the DG subsequently conducted an inquiry. Swiggy has since provided confidential responses to the DG’s queries. In March, the DG’s investigation concluded, and Swiggy and Zomato sought access to the DG’s confidential findings to prepare their responses. Simultaneously, the NRAI requested access to the confidential report covering Swiggy and Zomato.
Swiggy, represented by Senior Advocate Sajan Poovayya, is also set to enter the public market on November 13, aiming to raise over ₹11,000 crore.
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