Sarv Prakash Developers v. Phantom Films & Others
Case brief
What is this about?
The Competition Commission of India examined an information alleging that three film distributors colluded to refuse exhibition rights to a multiplex owner, violating Section 3 of the Act. The Commission held that bald allegations without material substantiation could not establish a prima facie case of collusive refusal to deal or barrier creation under Section 3 and ordered the information close
What did the court decide?
Information filed under Section 19(1)(a) of the Competition Act, 2002 was ordered to be closed forthwith under Section 26(2).
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 65 of 2017
In Re:
Sarv Prakash Developers 9/633, Moti-Katra Road, Agra, Uttar Pradesh – 282 003. Informant And
1. Phantom Films Millat Nagar Road, Yamuna Nagar, Andheri-West, Mumbai, Maharashtra – 400053. Opposite Party No. 1 2. Zee & Essel Group A Wing, 18th Floor, Marathon Futures, N M Joshi Marg, Lower Parel (West), Mumbai, Maharashtra – 400 013. Opposite Party No. 2 3. Fox Star India Urmi Estate, Ganpatrao Kadam Marg, Lower Parel (West), Mumbai, Maharashtra – 400 013. Opposite Party No. 3 CORAM
Mr. Devender Kumar Sikri Chairperson Mr. Augustine Peter Member
Case No. 65 of 2017 Page 1 of 6
Mr. U. C. Nahta Member
Mr. Justice G. P. Mittal Member
Appearance: Ms. Gauri Chaturvedi, Advocate for the Informant.
Issues for consideration
3 issues framed by the court
Whether bald allegations of collusive refusal to deal by film distributors establish a prima facie contravention of Section 3 of the Competition Act, 2002.
Whether the conduct of film producers and distributors creates barriers to entry in the exhibition market for a multiplex owner who had terminated a lease due to breach.
Whether the Competition Commission should close an information filed under Section 19(1)(a) when no material substantiates the allegations of an abuse of dominant position.
Parties & counsel
- petitioner
Sarv Prakash Developers
- respondent
Phantom Films
- respondent
Zee & Essel Group
- respondent
Fox Star India
Coram
Case details
As recorded by the court registry
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