Future Retail vs Amazon full case details.


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Uploaded on Jan 11, 2021

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Future Retail vs Amazon full case details.

FUTURE RETAIL VS AMAZON FULL CASE DETAILS INTRODUCTION The Delhi High Court Monday declined to grant Future Retail Ltd.'s (FRL) plea for an interim injunction restraining Amazon from writing to SEBI, CCI and other authorities about the arbitral order against its asset sale. Source: indianexpress.com Future Retail vs Amazon •The Kishore Biyani-led FRL had in November accused Amazon of adopting a media strategy of having every development reported and converted into a line of communication with stock exchanges regarding the Amazon-Future Coupons’ arbitration proceedings in Singapore. •The court also termed FRL’s resolution approving the transaction with Reliance Retail as valid. Source: indianexpress.com What is the Future-Reliance deal? • In August this year, Biyani’s Future Group entered into an agreement with Reliance Retail, a subsidiary of the umbrella Reliance Industries Limited (RIL) group, to sell its retail, wholesale, logistics and warehousing to the latter. Source: businesstoday.com FUTURE SOLD IT’S SUPERMARKET •As a part of the deal, Future Retail will sell its supermarket chain Big Bazaar, premium food supply unit Foodhall and fashion and clothes supermart Brand Factory’s retail as well as wholesale units to Reliance Retail. Source: indianexpress.com AGRREMENT TO REDUCE DEBT •The Future Group, was under considerable pressure from its lenders to tackle its debt and the agreement was considered an offer of the Group to reduce its debt. •Before the August sale to Reliance, Biyani had been wooing several business groups to sell shares in several companies of Future Group in an attempt to cut down on the debt, but had not seen much success. Source: indianexpress.com COVID-19 IMPACT ON RETAIL SECTOR •The retail sector of the Future Group was more pressured after the national lock-down in March, which involved the spread of Covid-19. • In a lock-down lasting over two months, the sales of most of its luxury product sales arm and Brand Factory were near halted. Source: indianexpress.com FUTURE GROUP’S DEAL WITH AMAZON •Another contract with the Amazon was signed by Biyani's Potential Retail. As a part of the arrangement, Amazon gained a 49% stake in Future Coupons, Future Retail's owners, in a contract worth almost Rs 2,000 crore. Source: indianexpress.com FUTURE GROUP’S GOODS ON AMAZON •While Future Retail could position its goods on the online marketplace of Amazon, the two also decided that Amazon's Future Retails products were also included in the new strategy, which aimed at distributing products within 2 hours of a customer purchasing them in select cities. Source: indianexpress.com Why is Amazon objecting to the Future-Reliance deal? •After Future’s agreement with Reliance, Amazon said the deal was a violation of a non-compete clause and a right-of-first- refusal pact it had signed with the Future Group. •The deal also required Future Group to inform Amazon before entering into any sale agreement with third parties. Source: indianexpress.com Why did FRL move the Delhi High Court? •The company had moved a plea in the Delhi High Court seeking appropriate relief against Amazon.com’s NV Investment Holdings to stop the latter from interfering in its deal with Reliance Industries Limited’s (RIL) Reliance Retail Ventures Limited (RRVL). Source: indianexpress.com What does the Delhi High Court’s ruling mean? •While the order says the statutory authorities and regulators can take a view on the deal in accordance with the law, it also held the award given by the arbitrator as valid. •Therefore, given that Future Retail failed to stop Amazon from presenting itself to the various government bodies and regulators, the e-commerce giant will be allowed to make its case, mainly on the basis of the arbitration award. Source: indianexpress.com