9th Grand Intra Moot Court Competition 2015
v.
Republic of Cyindia
The Republic of Cyindia is located in South
East Asia with a population of over 1.2 billion people. Over 65% of this
population is under 40 years of age. The laws/byelaws/regulations and the
Constitution of Cyindia is in pari materia
with the India is all aspects.
In light of the huge public demand,
E-commerce websites such as Slipkart, Zyntra, Lebong, etc. made their foray in
the Cyindian market. They were an
instant hit among the masses in light of offering all kinds of products
catering to all walks of life at attractive prices and free home delivery. Every three months, these websites would
offer massive discounts and combo packages to attract more customers.
Mrs. Leela Devi is a famous and
controversial MP hailing from the State of Marqeev which is the most populated
state in Cyindia. Mrs. Devi, had always staunchly opposed these websites on the
ground that these websites affect the business and livelihood of the local
retailers and traders. Her continued agitations led to the passing of E Retail Competition Rules, 2015 whereby the Central Government of Cyndia was
given the power to regulate all the discounts and prices given by e-retailers online.
However, the said rules were not
applicable to local retailers/ traders who would continue to be governed by the
existing laws.
The E-commerce Retailers Association (ERA)
is an association formed and established by all the websites seeking to engage
in the retailing business. ERA filed a petition under Art 226 impugning the
Constitutional Validity of these Rules of 2015 on various grounds.
The High Court of Marqeev dismissed the
petition inter alia on the ground that it encourages a level playing field
between local and e-retailers. ERA has
now filed a Special Leave Petition under Art. 136 against the said order.
After admitting the said petition, the
Supreme Court has framed the following issues:
1.
Whether the said Petition is
Maintainable?
2.
Whether such rules can be made
by the Central Government?
3.
Whether the said Rules violate
Fundamental Rights of the E-retailers?
4.
Whether the pricing arrangement
of e-retailers is anti-competitive?
The
participants are at the liberty to raise additional issues.
Note:
The Supreme Court of Cyindia treats decisions of Indian courts as having
high persuasive value and relies on precedents from other jurisdictions as well.
