Bharat Sanchar Nigam Limited v. M/s Indus Towers Limited
Case brief
What is this about?
The Competition Commission examined an information alleging that M/s Indus Towers Limited abused its dominant position in the Kolkata circle by denying site access to Bharat Sanchar Nigam Limited. The Commission defined the relevant market but found the allegations unsubstantiated due to unresolved procedural issues between parties.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 10 of 2018
Bharat Sanchar Nigam Limited (BSNL) P-10, New CIT Road, 5th Floor, Telephone Kendra, Kolkata – 700073,West Bengal
Informant
And
M/s Indus Towers Limited Godrej Waterside, 8th Floor, Tower-1, Unite- 801, Plot No. 5, Block DP, Sector- 5, Saltlake City, Kolkata- 700091, West Bengal
Opposite Party
CORAM
Mr. Sudhir Mital Chairperson
Mr. Augustine Peter Member Mr. U. C. Nahta Member
Present
For the Informant: Mr. Dipankar Chowdhry, DE/IP Lease/CMTS/CTD, BSNL Ms. Leena Tuteja, Advocate For Opposite Party : Mr. Samir Gandhi, Advocate Ms. Aditi Gopalakrishnan, Advocate Ms. Shreya Singh, Advocate Mr. Neeraj Manchanda, Authorised Representative
Issues for consideration
3 issues framed by the court
Whether the alleged denial of access to telecom sites by the opposite party to the Informant constitutes abuse of dominant position under Section 4 of the Competition Act, 2002.
Whether the Informant demonstrated unresolved procedural and contractual disputes necessitating the denial of site access.
Whether the allegation of violation of Section 4(2)(a)(ii) and 4(2)(e) of the Act is made out on the facts and evidence on record.
Parties & counsel
- petitioner
Bharat Sanchar Nigam Limited
- respondent
M/s Indus Towers Limited
Coram
Sudhir Mital
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court