Delhi High Court seeks response from CCI and Zomato on NRAI plea

Plea challenges its exclusion from the confidentiality ring giving access to CCI probe documents

The Delhi High Court on Monday sought a response from the Competition Commission of India (CCI) and food delivery platform Zomato on a petition filed by the National Restaurant Association of India (NRAI).

 

The petition challenges the restaurant body's exclusion from the confidentiality ring that gives limited access to documents in the competition regulator's probe.

 

NRAI had, in November last year, filed a similar petition against Swiggy over its removal from the confidentiality ring.

 

Initially, NRAI was part of the confidentiality ring, which reportedly grants access to sensitive and confidential information to people appointed by the parties at the time of proceedings before the competition watchdog.

 

A confidentiality ring in competition law is a mechanism allowing authorised representatives of parties in a competition investigation to access confidential information shared by other parties.

 

The CCI had introduced this concept in April 2022 to provide corporates with the comfort to share commercial information with the competition regulator.

 

Swiggy had filed a plea before the Karnataka High Court in May last year, challenging the CCI's order granting access to NRAI representatives to confidential information regarding the food delivery giant.

 

While hearing the matter, the high court sent it back to the CCI, asking it to decide the issue afresh. The competition regulator then passed an order and removed NRAI from the confidentiality ring. This prompted the NRAI to approach the Delhi High Court against the decision.

 

NRAI, in 2021, had alleged anti-competitive conduct by food delivery companies such as Swiggy and Zomato before the CCI.

 

In 2022, the CCI, through an order, observed that a prima facie case had been made out against the food delivery platforms. As a result, it ordered the Director General (DG) to investigate the allegation by NRAI.

 

The DG is said to have finished its probe into the matter in March 2024.

 

Swiggy and Zomato had also filed applications to access the confidential version of the findings in the DG probe. Apart from them, the NRAI also sought access to the confidential version of the investigation report.