B.C. Aurora v. T.V Channel Operators
Case brief
What is this about?
The Competition Commission closed a complaint alleging that TV channel operators colluded to pool advertisement timings and exploited viewers. The Commission found the informant failed to supply sufficient material, failed to prove concerted action, and did not avail the opportunity to explain the case.
What did the court decide?
The complaint was closed; no investigation was ordered as the informant failed to make out a prima facie case.
What the court decided
COMPETITION COMMISSION OF INDIA
06th October, 2010
MRTP Case-UTPE 73/2008
Filed by: B.C. Aurora D-20, Green view apartment, Sector 9, Rohini Delhi-110085 Against: T.V Channel Operators
ORDER UNDER SECTION 26(2) OF COMPETITION ACT 2002
Consequent upon the repeal of the MRTP Act this complaint has been transferred to the Competition Commission of India under section 66 (6) of the Competition Act, 2002.
2. Factual background
2.1 The complaint was filed before the MRTP Commission on 23.01.2008. The informant has alleged that all T.V channels have joined together and pooled timings for advertisements i.e. advertisements are aired at all the channels at the same interval and durations. This is to deprive the viewers of their legitimate right to view programme as per the choice at any given time, as this pooling, forces the viewers to see only one programme/serial at a time, which tantamount to unfair trade practice adopted by the T.V channel operators.
2.2 the complaint has alleged that the viewers are paying @Rs. 300 or more per month for all T.V Channels. He further alleged that about 100-150 Channels are aired free by the Govt. and other media. The T.V Channels operators are re-airing the same and charging the higher amount. He also alleged that the T. V Channels are wasting the money and time of the viewers by allotting more time to the advertisement/publicities than, to the actual programme.
Issues for consideration
2 issues framed by the court
Whether the informant has made out a prima facie case by providing sufficient material to prove cartelization or concerted action among T.V. channel operators regarding advertisement timing.
Whether the alleged unfair trade practice warrants a referral to the Director General for investigation under the Competition Act, 2002.
Parties & counsel
- petitioner
Competition Commission of India
- respondent
T.V Channel Operators
Coram
Chairperson
Case details
As recorded by the court registry
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