| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 2002: s.3(3)(b) - Violation of- Scope of jurisdiction of Competition Commission of India (CCI) Competition Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Competition Act, 2002: s.3(3)(b) - Violation of- Scope of jurisdiction of Competition Commission of India (CCI) - Telecasting of dubbed serial 'Mahabharat' in Bang/a language - Telecasting of serial not palatable to EIMPA(an Association of producers in Eastern India) and Committee of Artists and Tech_nicians of West Bengal Film and TV Investors (Coordination Committee), as in their perception dubbing of serials of other language in Bang/a would affect producers, artists and Technicians of that region Pursuant thereto, broadcasting channels received letters from EIPA and Coordin"ation Committee to stop the telecast of the dubbed serial and that non- compliance would result in non-cooperation from these two bodies - Respondent No.2 informed CCI about the development and sought · action in the matter - Majority view of CCI was that EIMPA and Coordination Committee imposed/attempted to impose restrictions on the telecast of dubbed serial and this was in violation of provisions of the Act - However, minority view was that the action and conduct of both EIMPA and Coordination Committee did not violate any provisions of the Act - EIMPA by its conduct accepted the majority opinion - But, Coordination Committee went on appeal to Competition Appellate Tribunal, which affirmed the minority view of CCI - On appeal, held: Both EIMPA and Coordination Committee acted in a concerted and coordinated manner, together they gave a call to boycott the competing members - Decision of these two bodies reflected collective intent of the members - Thus, the matter could not have been brushed aside by merely giving it a cloak of trade unionism - It is clear that acts of Coordination Committee caused harm to consumers by depriving them from watching the dubbed serial on TV channel and prevented competing parties ilt pursuing commercial activity-It hindered competition in the market by barring dubbed TV serials from exhibition on TV channels in the State of West Bengal - It amounted creation of barriers to the entry of new content in the said dubbed TV serial - Therefore, such act and conduct amounted to violation of the provision of s.3(3)(b) of the Act. s.2(r), (s) - Relevant market - Telecasting of dubbed serial 'Mahabharat' in Bang/a language - Broadcasting channels received letters from EIMPA(an Association of producers in Eastern India) and Committee of Artists and Technicians of West Bengal Film and TV Investors (Coordination Committee) to stop the telecast of dubbed serial in that region - Minority view of CCI was that 'relevant market' was broadcast of T. V. serial and not T. V. industry of West Bengal and broadcasting of it took place through different broadcasting services, which is different from production, distribution of films - Held: In the instant case, the geographical market is the State of West Bengal and to this extent activities of Coordination Committee were limited to the said State - Even as per agitators/Coordination Committee, the said broadcast was going to adversely affect the TV and Film industry of West Bengal - Thus, the relevant market was not limited to broadcasting of the Channel but the entire film and television industry of West Bengal. Trade Unions - Regional T. V. and film industry - Association of producers in Eastern India (EIMPA) - Committee of Artists and Technicians of West Bengal Film and TV Investors (Coordination Committee) - Coordination Committee contended - (i) that dubbing of serials of other language in Bang/a would affect producers, artists F and Technicians of that region - (ii) it had nothing to do with the competition and as a trade union, it had the fundamental right to lodge the protest - Held: In instant case, Coordination Committee (or for that matter even EIMPA) are, in fact, association of enterprises (constituent members) and these members are engaged in production, distribution and exhibition of films - Matter cannot. be viewed narrowly by treating Coordinate Committee as a trade union, ignoring the fact that it is backing the cause of those which are 'enterprises' - Decision of these two bodies reflected collective intent of the members - When the members are found to be in the production, distribution or exhibition line, the matter could not have been brushed aside by merely giving it a cloak of trade unionism - Therefore, the right as professed u/Art.19 by the Coordination Committee, is not available - Constitution of India - Art.19. Words and Phrases - 'agreement', 'enterprise', 'person' - Meaning of - Discussed in terms of s.2(b), s.2(1), s.3 of the Competition Act, 2002. |
| Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
| Neutral Citation | 2017 INSC 211 |
| Petitioner | Competition Commission Of India |
| Respondent | Co-ordination Committee Of Artists And Technicians Of W.b. Film And Television And Ors. |
| SCR | [2017] 5 S.C.R. 1 |
| Judgement Date | 2017-03-07 |
| Case Number | 6691 |
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