Delhi HC Issues Notice to Zomato, CCI in Antitrust Investigation

The Delhi High Court has issued notices to Zomato and the Competition Commission of India (CCI) following a plea by the National Restaurant Association of India (NRAI) challenging its exclusion from a confidentiality ring in an ongoing antitrust investigation. The confidentiality ring, established in 2022, was designed to allow involved parties access to sensitive information for a fair defense, but the NRAI was removed by the CCI in October 2024, a move Zomato defended on the grounds that NRAI represents competing businesses. Justice Sachin Datta consolidated the NRAI’s plea with a similar case involving Swiggy, with both cases set for a joint hearing on April 23. This legal battle stems from NRAI’s broader allegations that Zomato and Swiggy engaged in anticompetitive practices such as deep discounting, high commissions, delayed payments, and restrictive contractual terms. On the same day as the court notice, the CCI ruled that Zomato’s platform and delivery fees do not constitute abuse of a dominant position, a decision that provides some relief for Zomato after prolonged regulatory scrutiny. The outcome of the confidentiality dispute could significantly affect how industry associations participate in future competition investigations.