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US lobby group urges India not to change foreign investment rules for e-commerce

A US lobby group, which represents firms including Amazon.com and Walmart, in a letter urged India not to tighten foreign investment rules for e-commerce companies again.

India is considering revising the rules after traders in the country accused Amazon's Indian division and Walmart's Flipkart of creating complex structures to bypass investment regulations, Reuters reported this month.


However, the US companies deny any wrongdoing.

India only allows foreign e-commerce players to operate as a marketplace to connect buyers and sellers but local traders say the US  giants promote select sellers and offer deep discounts, which hurts business for smaller local retailers.

In 2018, India changed its foreign direct investment (FDI) rules to deter foreign firms offering products from sellers in which they have an equity stake.

The government is now considering tightening those rules again to include sellers in which a foreign e-commerce firm holds an indirect stake through its parent, reports said.

Such a change could hurt Amazon as it holds indirect stakes in two of its biggest online sellers in India, Cloudtail and Appario.

Now, the US-India Business Council (USIBC), part of the US Chamber of Commerce, urged the Indian government not to make any more material restrictive changes to e-commerce investment rules.

"Any further changes in FDI rules would limit e-commerce firms from leveraging their scale," USIBC said in the letter.

USIBC also asked India's Department for Promotion of Industry and Internal Trade (DPIIT) to engage in substantive consultation with companies on e-commerce regulation.

USIBC and DPIIT did not respond to a request for comment.

The Confederation of All India Traders (CAIT), which represents millions of brick-and-mortar retailers, has recently said it has received assurances from India's commerce minister that policy changes were in the offing.

On Saturday(30), CAIT in a statement said the USIBC letter was an "uncalled for intervention" which runs against the interest of 85 million traders. "Such a hue and cry is not understandable," CAIT said, adding that it had also written a letter in protest to the USIBC President.

The government is also considering prohibiting online sales by a seller who, for example, purchases goods from an e-commerce entity's wholesale unit, or any of its group firms, and then sells them on the entity's websites, Reuters has reported.

The 2018 rule changes soured relations between India and the US, as Washington said the policy changes favoured local e-commerce retailers over US companies.

Industry sources said on Friday(29) that the prospects of such frequent policy changes in India have alarmed Amazon, which has committed $6.5 billion in investments in India, and Walmart, which invested $16 billion in Flipkart in 2018.

The USIBC letter said "investments require reasonable policy predictability and fair treatment".

"USIBC is concerned that material changes to the FDI policy creates uncertainty and impacts investor confidence, as well as business continuity of existing investments," it said.

Amazon declined to comment on the USIBC letter. Walmart and Flipkart did not respond to requests for comment.

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  • Asda sales fall 3.8 per cent to £5.1 bn in three months to September, with comparable store sales down 2.8 per cent.
  • Chair Allan Leighton blames IT system problems from separating technology from former owner Walmart.
  • Leighton criticises government for hampering business investment and depressing consumer sentiment.
Asda has reported a sharp sales decline while criticising the government for "killing confidence" among consumers, though its chair admitted "self-inflicted" technology problems had set back turnaround plans by six months.

Total sales at Britain's third-largest supermarket fell 3.8 per cent to £5.1 bn in the three months ending September compared with the same period last year, reversing 0.2 per cent growth from the previous quarter. Comparable store sales dropped 2.8 per cent.

Chair Allan Leighton, who returned last year to revive the business for a second time, told the guardian that the fall in sales and market share was "totally self-inflicted." The supermarket struggled with technology issues during a lengthy effort to separate IT systems from former owner Walmart.

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