Consumer Online Foundation v. Tata Sky Ltd. & Ors.
Case brief
What is this about?
Competition Commission of India rejected allegations of anti-competitive agreements and abuse of dominance by DTH operators regarding Set Top Box interoperability. The Commission held that lack of interoperability stemmed from technological and cost constraints rather than conspiracy, leaving the matter for sectoral regulators.
What the court decided
Competition Commission of India
March --, 2011
Case No. 2 of 2009
Consumer Online Foundation Informant v. Tata Sky Limited & Ors. Opposite
Parties
1
O R D E R
The instant information has been filed by Consumer Online Foundation (‘the informant’) against Tata Sky Limited, Dish TV India Limited, Reliance Big TV Limited and Sun Direct TV Pvt. Limited (‘the opposite parties’) under section 19 (1) (a) of the Competition Act, 2002 (‘the Act’) alleging, inter alia, contravention of the provisions of sections 3 and 4 of the Act.
BACKGROUND
- 1.1 In India, as on date there are 4 ways in which a viewer may receive broadcast of TV programs:
- a. Free to Air (FTA)
Issues for consideration
3 issues framed by the court
Whether DTH service providers contravene section 3 of the Act by preventing interoperability of STBs and CAMs.
Whether DTH service providers abuse their dominant position under section 4 of the Act by creating entry barriers.
Whether agreements between DTH operators and consumers involving STB tie-ins constitute a tie-in arrangement under section 3(4).
Parties & counsel
- petitioner
Consumer Online Foundation
- respondent
Tata Sky Limited
- respondent
Dish TV India Limited
- respondent
Reliance Big TV Limited
- respondent
Sun Direct TV Pvt. Limited
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page
- Order 2
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