Makkal Tholai Thodarpu Kuzhumam Ltd.Vs.Tamil Nadu Arasu Cable Tv Corporation Ltd.
Case brief
What is this about?
The Competition Commission examined an allegation that a State-owned Multi-System Operator abused its dominant position by demanding carriage fees for Free-To-Air channels via a transparent tender process and relocating a competitor's channel. The Commission found the tender fair and no abuse of dominance.
What did the court decide?
The information filed by the Informant was ordered to be closed forthwith.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 43 of 2015
In Re:
Makkal Tholai Thodarpu Kuzhumam Ltd. Through Director Shri V. Dhanasekaran No.12, Subbarao Avenue 1st Street, College Road Chennai-600006 Informant And
Tamil Nadu Arasu Cable TV Corporation Ltd. No.32, Dugar Towers, 6th Floor Marshals Road Egmore, Chennai-600008 Opposite Party
CORAM
Mr. S. L. Bunker Member Mr. Sudhir Mital Member Mr. Augustine Peter Member Mr. U. C. Nahta Member Mr. M. S. Sahoo Member
Appearances: Shri Ajay Kumar, Advocate for the Informant.
Ms. Meha Aggarwal, Advocate for the Opposite Party.
C. No. 43 of 2015 Page 1 of 10
Order under section 26(2) of the Competition Act, 2002
Issues for consideration
3 issues framed by the court
Whether the imposition of carriage fees on Free-To-Air channels by the Tamil Nadu Arasu Cable TV Corporation Ltd. through a competitive tender process constitutes an abuse of dominant position.
Whether the relocation of the Informant's channel to a different frequency slot amounts to a refusal to deal or discrimination under competition law.
Whether the relevant market for determining dominant position and abuse thereof should be limited to cable TV re-transmission in Tamil Nadu excluding Chennai.
Parties & counsel
- petitioner
Makkal Tholai Thodarpu Kuzhumam Ltd.
- respondent
Tamil Nadu Arasu Cable TV Corporation Ltd.
Coram
S. L. Bunker
Case details
As recorded by the court registry
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