Title: Good governance for consumer welfare and accountability in the age of digital aggregators: the case of Amazon India

Authors: Sunita Tripathy

Addresses: Center for Intellectual Property and Technology Law, Jindal Global Law School, O.P. Jindal Global University, India

Abstract: With growing instances of deficiency in services in the e-commerce sector in India, this paper discusses the legal aspects with regard to liability, if any, of a digital aggregator operating via a third-party marketplace model. The main objective of the paper is to make policy suggestions that can prevent such aberrations and improve regulation of the sector as a whole. While doing so, the good practices adopted by Amazon India is explained as a case study and emphasised that it is worthwhile to treat digital aggregators as 'agents of e-commerce' than mere intermediaries. The paper envisages that disputes atypical to the sector require newer approaches in the nature of a novel e-adjudicatory system and a consumer regulatory authority having specialised expertise ought to encourage the digital aggregators to take a proactive role in making the online marketplace a reliable and wholesome experience for all stakeholders.

Keywords: alternate dispute resolution; ADR; Amazon; competition; consumer welfare; digital aggregators; e-commerce; goods and services tax; GST; startup India; vicarious liability.

DOI: 10.1504/IJPL.2018.097331

International Journal of Private Law, 2018 Vol.9 No.1/2, pp.71 - 82

Published online: 15 Jan 2019 *

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