2011 (9) TMI 840 - HC - Law of Competition

Court Upholds CCI's Decision: TV Show Not Dominant, No Competition Act Violation Found.

Anuj Kumar Bhati Versus Sony Entertainment TV. (Set)

The court dismissed the petitioner's appeal, upholding the Competition Commission of India's (CCI) decision that the television show in question was not ... Writ petition - petition claimed payment of the monies spent by him in television show 'Kaun Banega Crorepati-2 (KBC)' - petitioner had spent large sums of monies in his attempt to participate in the said show but had not been able to - organizers of the show were duping the participants of crores of rupees and indulging in foul play – Held that:- CCI (Competition Commission of India) dismissed complaint holding that allegations of petitioner were to be tested in light of opposite party being in a dominant position and, thus, discriminating in selection of contestants for participation in programme/show and adopting unfair means therein; however, on basis of viewership ratings, it was found that share of viewers of said television show was not so much for which it could be said that show was in a dominating position - therefore, petition against impugned order was to be dismissed Issues:1. Impugning orders of the Competition Appellate Tribunal (Comp. AT)2. Dismissal of complaint under Section 19 of the Competition Act by the Competition Commission of India (CCI)3. Appeal against the CCI's order to the Comp. AT4. Dismissal of proceedings by the Comp. AT as infructuous5. Dismissal of appeal by the Comp. AT affirming CCI's conclusionsAnalysis:1. The petitioner challenged the orders of the Competition Appellate Tribunal (Comp. AT) dated 25.07.2011 & 18.08.2011. The genesis of the litigation stemmed from a writ petition concerning the television show 'Kaun Banega Crorepati-2 (KBC).' The petitioner alleged foul play by the show's organizers in contestant selection. The writ petition was converted into a Public Interest Litigation (PIL) and eventually disposed of by a Division Bench of the court, directing the petitioner to approach the Monopolies & Restrictive Trade Practices Commission (MRTPC).2. The petitioner's complaint under Section 19 of the Competition Act before the Competition Commission of India (CCI) was dismissed on 29.03.2011. The CCI found no violation of the Competition Act as the television show was not in a dominant position based on viewership ratings. The petitioner appealed this decision to the Comp. AT, arguing that the CCI's findings contradicted the Division Bench's observations and that dismissal without investigation was improper.3. The Comp. AT dismissed the proceedings as infructuous due to the petitioner's Section 19 complaint and subsequent appeal. The Comp. AT, in its order dated 18.08.2011, upheld the CCI's decision, stating that the show was not in a dominant position, and the petitioner's arguments lacked merit. The petitioner contended that the CCI should not have reached a conclusion without investigation, but the court found no evidence challenging the viewership ratings or the CCI's findings.4. The petitioner's counsel argued that the CCI's conclusions were contrary to the Division Bench's observations. However, the court noted that the Division Bench's order did not mandate investigation by the CCI and that the CCI's decision was based on valid grounds. The court also highlighted that no inconsistencies were found in the CCI's order and dismissed the petition, directing the petitioner to deposit costs with the Delhi High Court Bar Association Lawyers' Social Security & Welfare Fund.5. In conclusion, the court found no merit in the petitioner's contentions against the CCI and the Comp. AT's decisions. The court upheld the CCI's findings regarding the television show's dominance status and dismissed the petitioner's appeal.