Economic Challenger Issue 82 Jan-Mar 2019 | Page 4

EDITOR’S DESK New Guidelines to Ecommerce Companies Might Impact FDI in India The Government of India has announced certain changes in the foreign direct investment (FDI) policy for e-commerce sector which will impact leading platforms like Amazan and Flipkart in conducting business in the country. According to new rules the e-commerce companies that have received foreign investment will not be able to offer discounts and cash backs to customers. The policy also bars any entity related to e- commerce platforms from selling on that site and imposes a limit on how much one vendor can sell on a particular portal. Cash backs, exclusive sales, brand launches, preferential ser vices or programmes such as Amazon Prime and Flipkar t Plus could now run into difficulties. Thus, entities like Cloudtail in which Amazon has a stake and Flipkart's new owner Walmart won't be able to sell their products on the websites. New FDI guidelines have made Amazon India’s food retail entity. Amazon Retail India’s (ARIPL) future uncertain as it wan’t to able to sell its products on the Amazon’s market place. The Press Note 3 of 2016 had made it clear in the very beginning that e-commerce companies could not directly or indirectly influence prices. The new rules will only ensure better implementation of the e- commerce policy under Press Note 3 of 2016 and will come into effect from February 1, 2019 as announced in the press note by Department of Industrial Policy and th Promotion (DIPP) on 26 December 2018. This has been done to mollify brick – and – mortar retailers which had many grievances against e-commerce sites for offering discounts to win over customers. The trading community had complained that e-commerce entities were distorting market violating the policy that disallows FDI in business-to-consumers (B2C) e-commerce. It only allows 100% FDI in business-to business (B2B) e-commerce and not in 'B2C' The new restrictions will hit prospective 100% FDI that could come in the form of B2B. The new guidelines are discriminatory as these apply only against e-commerce and not on brick and mortar retailers. Unfair trade, if any, should be dealt with by the Competition Commission of India. ✤ ✤ ✤ 2 Economic Challenger//Issue 82, January-March 2019