12. Next issue to be considered is whether there was prima facie abuse of dominant position by OP. Section 4 of the Competition Act provides that there shall be an abuse of a dominant position, if an enterprise directly and indirectly discriminates in providing services to the customers or restricts technical development relating to services to the prejudice of the customers (section 4(2)(b)(i), section 4(2)(b) (ii)) or indulges in practice resulting in denial of market access in any manner to a customer (section 4(2)(c)).The installation of people’s meter by opposite party only in cities catches mood of urban viewers and gives a distorted picture of the viewership PAN India. TRP rating provided by Opposite Party of the different programmes is not stated to be ‘specific city based’ but it is provided as if it was PAN India, which apparently was a misrepresentation as the opposite party has not installed people meters in any rural areas. The sample size of 8000 homes in a vast country like India, having population of more than 126 crores was also minuscule and misleading. In a country as vast as India with diverse culture, different languages, where the urban population was only 30% and rural population about 70%, not installing people meters in rural areas, prima facie, amounted to restricting use of technology of measuring viewer’s choice to the prejudice of customers (in this case Doordarshan). In order to have a pan India viewership data, it was essential for the OP to have larger sample size and to distribute this sample size in rural and urban population according to the ratio in which the population stands distributed in rural and urban areas. Because of this non-distribution of sample, the taste of rural viewers was being totally blacked out. People in rural areas might be interested in different kind of programmes; might be viewing agricultural related, folk dances or local problems related programmes or the programmes more centredaround rural culture. But viewership of this entire area of programmes was not being measured and was not reflected in the TRP/TRV. Doordarshan is the only channel which broadcasts many such programmes like Krishi Darshan, Gyan Darshan, Kalyani, etc.., which relate to the taste of rural areas. It is the only channel which has extensive reach to the rural areas. Non-providing of people’s meter in rural areas amounted to
