Amazon sues financial crime agency in latest twist of Indian battle -Breaking
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© Reuters. FILE PHOTO – A man examines the trucks as they are about to enter Amazon’s storage space on the outskirts Mumbai, India. October 1, 2021. REUTERS/Francis MascarenhasAditya Kalra & Abhirup Roy
NEW DELHI (Reuters] – Amazon.com Inc. (NASDAQ:), is taking India’s financial crime combat agency to court. It seeks to halt an investigation into one it 2019 deals. This court filing was seen by Reuters.
India’s Enforcement Directorate, (ED), has been looking into Amazon’s $200,000 investment in India Future Group. This investigation is being done to determine if there are any violations of international investment laws.
Protracted legal disputes surround the investment. Amazon used those terms – and Future has cited contract violations by Future – to stop the sale of Indian retail assets worth $3.4 billion to a competitor.
Amazon has filed an 816-page document, which Reuters saw, that calls the investigation a fishing and roving inquiry. The ED claimed it sought privileged opinions and legal advice from Amazon as well other information unrelated to the Future Group deal.
In a filing filed to Delhi High Court Dec. 21, Amazon claimed that multiple executives from Amazon, including the India Head, were summoned in recent weeks by the ED. The investigation had resulted in “unnecessary harassment”, the U.S. ecommerce giant stated.
Amazon claimed in an filing that “the directions of the ED seeking to disclose legally privileged documents or litigation privilege information are derogatory of principles”.
“The investigation is both a fishing expedition and a roving one.”
The ED and Amazon did not respond immediately to our requests for comment. This case is likely to be heard Thursday.
In the ongoing conflict between Future and Amazon, the filing represents the latest step in that process. India’s antitrust authority suspended their deal for 2019 last week. It claimed that Amazon had withheld certain information from its applications. The ED’s investigation is however independent.
This dispute centers around three agreements that Future and Amazon signed. The arbitration panel in Singapore, who is also hearing it, said they should be reviewed together during the review of the transaction.
Future claims that conflating commercial agreements with Indian law would be a violation of Indian law.
Amazon filed a court document with the ED on February 19, asking for details about its Future investment, as well as copies of any agreements and related communication.
It was also clear that the ED has been conducting a much larger probe and sought out details about big Amazon vendors in India. These included sales data for sellers who account for over 5% of Amazon.in’s total sales.
After a February Reuters inquiry, which revealed that Amazon had helped a few sellers succeed on its Indian platform by offering them discounts and using these fees to avoid foreign investment laws, the notice was issued.
Amazon claimed at the time that it was certain it had followed regulations, and that it does not prefer any seller to Amazon.
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