9911796707
TMI Blog2013 (5) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... Nadu, 698 theatres were members of the opposite party association. The informant had produced a feature film by the title 'Vishwaroopam' in three languages viz. Hindi, Tamil and Telugu. The Hindi version of the movie was called 'Vishwaroop'. The movie in three languages was slated for simultaneous global theatrical release on Friday i.e. 11.01.2013 and the first show was to take place at 8 AM on that day. 2. The informant alleged that it had approached the theatre owners and distributors directly offering them terms of exhibition involving no minimum guarantee amount and only on revenue sharing basis as per the normal industry practice. However, the informant as an innovative and pioneering step and to take advantage of exhibition of film ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is reflected from the concerted decision of its members not to exhibit any film including Vishwaroopam if it was already released on DTH platform. 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. This as per informant was, in contravention of the provisions of section 3(1) read with section 3(3)(b) of the Act. 8. The objective of Competition law is to promote competition and consumer welfare. Dynamic efficiency is one of the key factors to it. Technological innovations or utilization of existing technology in a more novel manner is the right of ever ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in nature. 10. The facts discussed above prima facie show that the resolution of OP was in the nature of an agreement among the members of the association and was intended to limit and control the market of exhibition of movies as well as innovative use of technical development in exhibition of feature films and thus, prima facie appeared to be in contravention of the provisions of Section 3 of the Act. 11. In view of above discussion the Commission is of the opinion that there exists a prima facie case and the issue needs a thorough investigation by DG. 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. 12. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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