Karnataka HC Extends Interim Protection for Swiggy, Flags CCI Probe Over Untested Third-Party Evidence

The Karnataka High Court has extended interim relief for food delivery giant Swiggy, staying proceedings in the ongoing antitrust probe by the Competition Commission of India (CCI) until the next hearing on April 25. The court's decision signals growing judicial scrutiny over the CCI's reliance on third-party statements that have not been subjected to cross-examination, raising procedural concerns in a high-stakes investigation.

Justice Sachin Shankar Magadum, hearing Swiggy's petition, flagged that the CCI's case file includes statements from third parties that remain untested in cross-examination. Citing a recent Supreme Court precedent in CCI vs Schott Glass India, the judge underscored that such evidence should not ordinarily form the basis for adverse findings. Swiggy had approached the court after the CCI refused to allow cross-examination of these third parties, arguing that this compromised procedural safeguards and the right to a fair hearing.

The extension of interim protection keeps the CCI probe on hold, adding pressure on the regulator to address procedural fairness. The case highlights a broader tension between antitrust enforcement and due process in India's digital economy, with implications for how the CCI handles evidence in investigations against major tech platforms. Swiggy, which has maintained that the probe lacks a proper evidentiary basis, now has until late April to present its arguments before the court.