{"id":799003,"date":"2021-09-21T10:46:48","date_gmt":"2021-09-21T10:46:48","guid":{"rendered":"https:\/\/telecomlive.in\/web\/2021\/09\/21\/india-plan-for-tighter-e-commerce-rules-faces-internal-govt-dissent-report\/"},"modified":"2021-09-21T10:46:48","modified_gmt":"2021-09-21T10:46:48","slug":"india-plan-for-tighter-e-commerce-rules-faces-internal-govt-dissent-report","status":"publish","type":"post","link":"https:\/\/telecomlive.in\/web\/2021\/09\/21\/india-plan-for-tighter-e-commerce-rules-faces-internal-govt-dissent-report\/","title":{"rendered":"India plan for tighter e-commerce rules faces internal govt dissent: Report"},"content":{"rendered":"<p>India&#8217;s plan to tighten rules on its fast-growing e-commerce market has run into internal government dissent, memos reviewed by Reuters show, with the Ministry of Finance describing some proposals as &#8220;excessive&#8221; and &#8220;without economic rationale&#8221;.<\/p>\n<p>The memos offer a rare glimpse of high-stakes policy-making governing a market already featuring global retail heavyweights from Amazon to Walmart, plus domestic players like Reliance Industries and Tata Group. The sector is forecast by Grant Thornton to be worth $188 billion by 2025.<\/p>\n<p>It&#8217;s not clear how the objections from the finance ministry &#8211; a dozen in total &#8211; will ultimately be reflected in the proposed rule changes, first floated in June. But watchers of the influential government arm say its complaints won&#8217;t fall on deaf ears in the upper echelons of Prime Minister Narendra Modi&#8217;s administration.<\/p>\n<p>&#8220;The ministry of finance raising such concerns would likely spur a rethink of the policy,&#8221; said Suhaan Mukerji, managing partner at India&#8217;s PLR Chambers, a law firm that specialises in public policy issues.<\/p>\n<p>India in June shocked the e-commerce world with proposals from its consumer affairs ministry that sought to limit &#8216;flash sales&#8217;, rein in a push to promote private-label brands push and raise scrutiny of relationships between online marketplace operators and their vendors. There is not yet a formal implementation timeline for the new rules.<\/p>\n<p>Though the rules were announced after complaints from brick-and-mortar retailers about alleged unfair practices of foreign companies, they also drew protest from Tata Group, with more than $100 billion in revenue, which is planning an e-commerce expansion.<\/p>\n<p>But the finance ministry, the ministry of corporate affairs and the federal think-tank NITI Aayog &#8211; an active player in policy-making &#8211; have all raised objections in memos reviewed by Reuters, saying the proposals go far beyond their stated aim of protecting consumers and also lack regulatory clarity.<\/p>\n<p>An Aug. 31 memo from the Finance Ministry&#8217;s Department of Economic Affairs said the rules appeared &#8220;excessive&#8221; and would hit a sector that could boost job creation as well as tax revenue.<\/p>\n<p>&#8220;The proposed amendments are likely to have significant implications\/restrictions on a sunrise sector and &#8216;ease of doing business&#8217;,&#8221; said the three-page memo. &#8220;Care needs to be taken to ensure that the proposed measures remain &#8216;light-touch regulations&#8217;.&#8221;<\/p>\n<p>The ministry did not respond to Reuters&#8217; requests for comment.<\/p>\n<p>&#8216;UNPREDICTABILITY&#8217; IN POLICY-MAKING<\/p>\n<p>Voicing its own objections on July 6, NITI Aayog&#8217;s vice chairman, Rajiv Kumar, wrote to Piyush Goyal, who is minister for commerce as well as consumer affairs minister, saying the rules could hit small businesses.<\/p>\n<p>&#8220;Moreover, they send the message of unpredictability and in-consistency in our policy-making,&#8221; Kumar wrote in the letter, a copy of which was reviewed by Reuters.<\/p>\n<p>Minister Goyal and NITI Aayog&#8217;s Kumar did not respond to Reuters requests for comment.<\/p>\n<p>The consumer affairs ministry, which drafted the rules, also did not respond. Its secretary, Leena Nandan, this month told Indian media that &#8220;wide and varied diverse views&#8221; had been expressed on the proposed new rules by stakeholders, but that there was no timeline for any announcement on their implementation.<\/p>\n<p>The arguments put forth by the finance ministry and NITI Aayog are in line with concerns raised by sector operators, and even the U.S. government https:\/\/reut.rs\/2n6rBoM. They say New Delhi has in recent years changed e-commerce policies too often and taken a hard-line regulatory approach that especially hurts American players.<\/p>\n<p>But Indian consumer affairs minister Goyal https:\/\/reut.rs\/39lsazN and brick-and-mortar retailers disagree, and have repeatedly said big U.S. firms have bypassed Indian laws https:\/\/reut.rs\/3EBODqI and their practices hurt small retailers.<\/p>\n<p>The consumer affairs ministry said the new rules were aimed to &#8220;further strengthen the regulatory framework&#8221; and were issued after complaints of &#8220;widespread cheating and unfair trade practices being observed in the e-commerce ecosystem.&#8221;<\/p>\n<p>FLASH SALES, REGULATORY OVERLAP<\/p>\n<p>But the proposals have met with resistance in more than one ministry.<\/p>\n<p>In a July 22 memo, the corporate affairs ministry objected to one proposed clause to be enshrined in new rules that says e-commerce firms should not abuse their dominant position in India. The ministry said the provision was &#8220;unnecessary and superfluous&#8221;, and that the subject was best handled by India&#8217;s antitrust watchdog.<\/p>\n<p>&#8220;It is undesirable to introduce a mini-competition law regime in the consumer&#8221; rules, said the memo. The corporate affairs ministry did not respond to Reuters requests for comment.<\/p>\n<p>The finance ministry has taken a much harder stance on the proposals and raised a total of 12 objections.<\/p>\n<p>Among them, it said, a proposal that makes online shopping websites liable for its sellers&#8217; mistakes would be a &#8220;huge dampener&#8221; and could force companies &#8220;to revisit their basic business models&#8221;.<\/p>\n<p>It also lodged a protest against the banning of flash sales, which see deep discounts on offer on websites like Amazon and are popular during festive seasons.<\/p>\n<p>&#8220;This is a normal trade practice. The proposed restriction &#8230; seems without economic rationale,&#8221; the ministry wrote.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>India&#8217;s plan to tighten rules on its fast-growing e-commerce market has run into internal government dissent, memos reviewed by Reuters show, with the Ministry of Finance describing some proposals as &#8220;excessive&#8221; and &#8220;without economic rationale&#8221;. The memos offer a rare glimpse of high-stakes policy-making governing a market already featuring global retail heavyweights from Amazon to Walmart, plus domestic players like Reliance Industries and Tata Group. The sector is forecast by Grant Thornton to be worth $188 billion by 2025. It&#8217;s not clear how the objections from the finance ministry &#8211; a dozen in total &#8211; will ultimately be reflected in [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[7],"tags":[],"class_list":["post-799003","post","type-post","status-publish","format-standard","hentry","category-it-2"],"acf":[],"_links":{"self":[{"href":"https:\/\/telecomlive.in\/web\/wp-json\/wp\/v2\/posts\/799003","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/telecomlive.in\/web\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/telecomlive.in\/web\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/telecomlive.in\/web\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/telecomlive.in\/web\/wp-json\/wp\/v2\/comments?post=799003"}],"version-history":[{"count":0,"href":"https:\/\/telecomlive.in\/web\/wp-json\/wp\/v2\/posts\/799003\/revisions"}],"wp:attachment":[{"href":"https:\/\/telecomlive.in\/web\/wp-json\/wp\/v2\/media?parent=799003"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/telecomlive.in\/web\/wp-json\/wp\/v2\/categories?post=799003"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/telecomlive.in\/web\/wp-json\/wp\/v2\/tags?post=799003"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}