July 3, 2012
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Abuse of dominance results in penalty and cease-and-desist where a cable operator group denied broadcasters market access.
Abuse of dominance under the Competition Act, 2002 was found where a multi system cable operator group, holding an overwhelming share of subscribers in Punjab and Chandigarh, denied a broadcaster transmission on its network, creating an effective denial of market access due to lack of substitutes. The Commission imposed a monetary penalty calculated as a percentage of average turnover for the preceding three years and required deposit within a prescribed period, together with directions to cease practices that deny market access; the findings followed an investigation on a broadcaster's information.