Next Radio Limited v. Prasar Bharti & Ministry of Information and Broadcasting
Case brief
What is this about?
This order examines whether the Competition Commission can investigate allegations of abuse of dominant position by Prasar Bharti regarding infrastructure licensing fees for FM radio operators. The Commission found prima facie contravention of Section 4 and directed an investigation.
What did the court decide?
Directed the Director General to investigate the alleged contravention of Section 4 of the Act and file an investigation report within 60 days.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 29 of 2016
In re :
Next Radio Limited
Informant
(Through its Company Secretary Ms. Deepal Khandelwal), 156, D.J. Dadajee Road, Behind Everest Building, Tardeo, Mumbai-400034
And
Prasar Bharti,
Opposite Party No. 1
Directorate General, All India Radio, AIR Resource, Room No. 301, 3rd Floor, Akashvani Bhawan, Parliament Street, New Delhi - 110001
Ministry of Information and Broadcasting, Government of India, Shastri Bhawan, New Delhi-110001
Opposite Party No. 2
Issues for consideration
3 issues framed by the court
Whether a toy manufacturer like OP 1 can be deemed as an enterprise under the Competition Act.
Whether an ordinance framed under a specific government authority falls within the definition of service.
Whether the unilateral imposition of unfair terms amounts to an abuse of dominant position.
Coram
Devender Kumar Sikri
S. L. Bunker
Sudhir Mital
Augustine Peter
U. C. Nahta
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1
- Order 2 — this page
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