the single screen theatres took a business decision to screen two films of opposite parties (one during Eid and other at Diwali, respectively) rather than screening any other film that may be released. Some single screen theatres refused to enter into such an agreement and were free to screen any film they wished to, including that of the informant. This is also a competitive decision taken by the single screen theatres in their own interest. It was a legitimate commercial decision taken by the parties to the agreement at that particular time. Also, the agreements have not curtailed informant's right to screen its film altogether. Single screen theatres, as per the eralier report of DG, contribute only 35% of revenue and multiplex theatres contribute about 65% of the revenue. The multiplexes are not constrained from exhibiting infromant's film. The Informant is free to exhibit its film on multiplexes and on those single screen theatres which did not enter into agreement with opposite parties. Moreover, the release of film can be preponed or postponed as per the availability of screens by a distributor. The impugned agreement is purely commercial in nature between parties promoting their economic interests and as such does not affect any particular market. The impugned agreement, therefore, does not violate section 3(4) of the Act.
