TMI Blog2013 (5) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... Held that - The impugned resolution was an anti-competitive agreement amongst the theatre owners in Tamil Nadu since the resolution limited and controlled the market of exhibition of films and use of technical development in exhibition of feature films and in contravention of the provisions of section 3(1) read with section 3(3)(b) of the Act. The Commission, therefore, directs the DG under section 26(1) of the Act to cause an investigation to be made into the matter and submit the report to the Commission within 60 days. - Case No. 1 of 2013 - - - Dated:- 16-1-2013 - Ashok Chawla AND H.C. Gupta, R. PRASAD , GEETA GOURI,ANURAG GOEL , M.L. TAYAL AND JUSTICE S.N. DHINGRA, JUSTICE (RETD.), JJ. ORDER UNDER SECTION 26(1) OF THE COM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Content Provider Agreement' for one time telecast of the movie on identical terms with the six DTH providers operating in India under the brand names viz. Airtel, Sun Direct, Tata Sky, Dish TV, Videocon and Reliance Big TV. 4. The case of the informant is that while it was organising premier of the movie in a novel manner, the informant learnt of a decision taken by the opposite party association on 20.12.2012 whereby the association resolved 'not to lend co-operation for screening of any film that is released even before it comes to the theatre, through DTH or any other technology.' 5. The informant's contention is that the aforesaid resolution dated 20.12.2012 passed by the opposite party was a direct and blatant contravention of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heatres, through DTH or any other technology prima facie has an effect of limiting the market of exhibition of films for the benefit of viewers at large in the territories under its control. The decision prima facie also seems to be restricting informant from taking advantage of technological development in the relevant industry at a timing of its choice. Such a decision of OP prima facie seems to be anti competitive as it deters a producer from providing to consumers an opportunity of watching premiere show in an economic manner in the comforts of his home. It also has the potential of adversely affecting the competition and depriving benefit to producers and consumers of newer technologies. 9. The words used in the resolution 'any film' ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
