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Tag: CCI

  • Airtel petitions CCI as TRAI allows free Jio

    Airtel petitions CCI as TRAI allows free Jio

    MUMBAI: Telecom regulator TRAI has made up its mind to permit the new entrant Reliance Jio to go on with its free data offer, objections from rivals notwithstanding. Failing to get a favourable TRAI decision, Airtel has petitioned the Competition Commission of India (CCI) seeking respite from Jio’s complimentary services. Airtel complained said that Jio’s tariffs are affecting competition.

    TRAI has now permitted Jio to continue with its “Happy New Year” offer thus allowing its subscribers to use up to 1GB free data every day. But, TRAI ruled that Jio schemes were valid.

    Airtel had, on 24 December, filed a petition with the telecom tribunal, TDSAT, calling TRAI a “mute spectator” as it allowed Jio to go on with its complimentary offer beyond the stipulated 90-day period. On 18 January, Idea Cellular too moved TDSAT to stop Jio from giving free data.

    Rules prevent operators from having a complimentary campaign for over months, and Jio has now been offering free services for over 90 days, and now deciding to extend the offer to 31 March.

    Telcos meanwhile are planning to consolidate in order to survive in the competitive market.

    Also Read:

    Jio becomes top ISP, Wireline growth retards overall broadband internet subs fall in Nov-16

    BSNL violating TRAI’s IUC norms, complains COAI

    TRAI: HC asks Idea, DoT to file affidavit on plea

    Idea petitions TDSAT against TRAI; price war set to escalate

  • Sony Pictures-Ten Sports deal cleared by CCI

    Sony Pictures-Ten Sports deal cleared by CCI

    MUMBAI: The Competition Commission of India (CCI) yesterday tweeted its approval to the proposed acquisition of the sports broadcasting business of Ten Sports by Sony Pictures Networks India. Acquisitions beyond a threshold need approval from CCI, which keeps a check on business practices across sectors.

    In August-end 2016, ZEEL had informed the BSE about the approval by its board of directors for the proposed sale and transfer of Zee’s sports broadcasting business to Sony Pictures Networks in an all-cash deal worth US$385 million. SPNI CEO NP Singh had then said that the acquisition of Ten Sports Network would strengthen SPN’s offering for viewers of cricket, football and fight sports, complementing their existing portfolio of international and domestic sporting properties.

    Ten Sports network is currently held by two subsidiaries of Zee Entertainment Enterprises Ltd (ZEEL)—Taj Television Ltd, Mauritius, and Taj Television (India) Pvt. Ltd. Sony Pictures Networks India is a subsidiary of Sony Corporation, which owns and operates the Sony Entertainment network of channels.

    Ten Sports channels being acquired are — Ten  Cricket, Ten Sports, Ten 1, Ten 1 HD, Ten 2, Ten 3, Ten Golf HD which operate in many countries including the Indian sub-continent, Hong Kong, Maldives, Singapore, the Middle East and the Caribbeans.

    Also Read:

    Sony Networks looking to change face of Indian football in ’17

    Sony to add 10 channels in 2017

    Sony Pictures to acquire Ten Sports from Zee

  • Sony Pictures-Ten Sports deal cleared by CCI

    Sony Pictures-Ten Sports deal cleared by CCI

    MUMBAI: The Competition Commission of India (CCI) yesterday tweeted its approval to the proposed acquisition of the sports broadcasting business of Ten Sports by Sony Pictures Networks India. Acquisitions beyond a threshold need approval from CCI, which keeps a check on business practices across sectors.

    In August-end 2016, ZEEL had informed the BSE about the approval by its board of directors for the proposed sale and transfer of Zee’s sports broadcasting business to Sony Pictures Networks in an all-cash deal worth US$385 million. SPNI CEO NP Singh had then said that the acquisition of Ten Sports Network would strengthen SPN’s offering for viewers of cricket, football and fight sports, complementing their existing portfolio of international and domestic sporting properties.

    Ten Sports network is currently held by two subsidiaries of Zee Entertainment Enterprises Ltd (ZEEL)—Taj Television Ltd, Mauritius, and Taj Television (India) Pvt. Ltd. Sony Pictures Networks India is a subsidiary of Sony Corporation, which owns and operates the Sony Entertainment network of channels.

    Ten Sports channels being acquired are — Ten  Cricket, Ten Sports, Ten 1, Ten 1 HD, Ten 2, Ten 3, Ten Golf HD which operate in many countries including the Indian sub-continent, Hong Kong, Maldives, Singapore, the Middle East and the Caribbeans.

    Also Read:

    Sony Networks looking to change face of Indian football in ’17

    Sony to add 10 channels in 2017

    Sony Pictures to acquire Ten Sports from Zee

  • Unfair biz plaint against Warner Bros., Walt Disney, Fox Star; probe denial an error: Tribunal

    Unfair biz plaint against Warner Bros., Walt Disney, Fox Star; probe denial an error: Tribunal

    MUMBAI: The Competition Appellate Tribunal, for the second time in a year, has rejected the Competition Commission’s decision to dismiss a complaint of alleged unfair business ways made against Walt Disney, Warner Bros, Fox Star Studios and four other entities.

    The COMPAT, in a strongly-worded order, said that the CCI had committed serious error by declining to order an investigation.

    The complaint filed by K Sera Sera against the seven entities was rejected by the Competition Commission of India (CCI) after concluding that there was no prima-facie violation of competition norms, PTI reported. The watchdog dismissed the allegations twice, in April 2015 and June this year.

    The seven entities are — US-based Digital Cinemas Initiatives LLC, a joint venture, and its six stakeholder partners — The Walt Disney Company India, Fox Star Studios, NBC Universal Media Distribution Services, Sony Pictures, Warner Bros and Paramount Films India (respondents).

    “Rationally speaking, it would have saved time and efforts of all those involved in this matter if the Commission had ordered an investigation by the director general instead of once again more or less reiterating its earlier views,” the Tribunal said in the order.

    COMPAT said the “impugned order is set aside and the director-general is ordained to conduct investigation into the allegations contained in the information filed by the appellant (K Sera Sera)”. The investigation shall be conducted in accordance with the provisions contained in the Competition Commission of India (General) Regulations, 2009, the Tribunal noted.

    It was alleged that these entities indulged in anti-competitive practices in the digital cinema exhibition market, the PTI report added. It was alleged that Digital Cinemas LLC was formed with the aim of dominating and monopolising the market of digital cinema exhibition in India and elsewhere.

    In April 2015, CCI had rejected the allegations, and K Sera Sera approached the Tribunal, which asked the regulator to reconsider the matter.

    COMPAT stated: “on one hand, the respondents claim that their technology is voluntary, on the other, they create potential entry barriers by releasing their films only to those who opt for digital technology,” noting that it was “prima-facie anti-competitive.”

  • Unfair biz plaint against Warner Bros., Walt Disney, Fox Star; probe denial an error: Tribunal

    Unfair biz plaint against Warner Bros., Walt Disney, Fox Star; probe denial an error: Tribunal

    MUMBAI: The Competition Appellate Tribunal, for the second time in a year, has rejected the Competition Commission’s decision to dismiss a complaint of alleged unfair business ways made against Walt Disney, Warner Bros, Fox Star Studios and four other entities.

    The COMPAT, in a strongly-worded order, said that the CCI had committed serious error by declining to order an investigation.

    The complaint filed by K Sera Sera against the seven entities was rejected by the Competition Commission of India (CCI) after concluding that there was no prima-facie violation of competition norms, PTI reported. The watchdog dismissed the allegations twice, in April 2015 and June this year.

    The seven entities are — US-based Digital Cinemas Initiatives LLC, a joint venture, and its six stakeholder partners — The Walt Disney Company India, Fox Star Studios, NBC Universal Media Distribution Services, Sony Pictures, Warner Bros and Paramount Films India (respondents).

    “Rationally speaking, it would have saved time and efforts of all those involved in this matter if the Commission had ordered an investigation by the director general instead of once again more or less reiterating its earlier views,” the Tribunal said in the order.

    COMPAT said the “impugned order is set aside and the director-general is ordained to conduct investigation into the allegations contained in the information filed by the appellant (K Sera Sera)”. The investigation shall be conducted in accordance with the provisions contained in the Competition Commission of India (General) Regulations, 2009, the Tribunal noted.

    It was alleged that these entities indulged in anti-competitive practices in the digital cinema exhibition market, the PTI report added. It was alleged that Digital Cinemas LLC was formed with the aim of dominating and monopolising the market of digital cinema exhibition in India and elsewhere.

    In April 2015, CCI had rejected the allegations, and K Sera Sera approached the Tribunal, which asked the regulator to reconsider the matter.

    COMPAT stated: “on one hand, the respondents claim that their technology is voluntary, on the other, they create potential entry barriers by releasing their films only to those who opt for digital technology,” noting that it was “prima-facie anti-competitive.”

  • IAMAI hails CCI order to close investigation against e-commerce

    IAMAI hails CCI order to close investigation against e-commerce

    MUMBAI: The Internet and Mobile Association of India (IAMAI) has welcomed the Competition Commission of India’s (CCI) decision to quash charges of cartelization and anti-competition practices by e-commerce companies.

     

    IAMAI hopes that this will finally put a stop to motivated charges brought up regularly by certain interested groups against e-commerce companies. IAMAI is of the view that this order will allow e-commerce companies to continue to provide innovative services to consumers in a free and fair manner.

     

    In recent months, charges have been brought by various malcontent elements that discount sales launched by numerous e-commerce websites were anti-competitive in nature. It was also alleged that e-commerce websites and online product sellers entered into exclusive agreements, thereby leading to market dominance.

     

    The CCI has ruled that e-commerce companies did not violate competition norms by indulging in cartelization or by abusing their dominant position. “The Commission is of the prima facie view that no case of contravention of the provisions of either section 3 or section 4 of the Act is made out against the opposite parties,” it said in its order.

     

    With regard to exclusive agreements, the CCI said that such pacts need not result in appreciable adverse effect on competition. “It does not seem that such arrangements create any entry barrier for new entrants. It seems very unlikely that an exclusive arrangement between a manufacturer and an e-portal will create any entry barrier as most of the products which are illustrated in the information to be sold through exclusive e-partners face competitive constraints,” the order stated.

     

    In fact, the CCI order praises the e-commerce companies by observing that online distribution channel provide an opportunity to the consumers to compare the prices as well as the pros and cons of the product. Furthermore, through the option of delivery right at their door steps, consumers have the opportunity to accept the purchase at their convenience and do not need to set aside a couple of hours at a stretch to make the purchase through a brick-and-mortar retail outlet. Therefore, at this stage, it does not appear that the exclusive arrangement between manufacturers and e-commerce/portal companies lead to Appreciable adverse effect on competition (AAEC) in the market.

  • Govt. denies reports of imposition of penalty on Google

    Govt. denies reports of imposition of penalty on Google

    NEW DELHI: The Government today clarified that the Competition Commission of India (CCI) has not imposed any penalty on Google Inc. for allegedly failing to provide information in a probe into its alleged unfair trade practices in India.
     
    It said that media reports on the order of the Commission being stayed by the Delhi High Court are erroneous, since no such penalty (reported by the media as Rs one crore) had been imposed.
     
    The Corporate Affairs Ministry said the Writ Petition No. 7084 of 2014 was filed by Google Inc. with respect to the case No. 06 of 2014 in which CCI has not imposed any penalty and therefore there is no question of stay of penalty.
     
    The case related to issue of confidentiality and an order was passed by the Court after hearing the Counsels of the parties.
     
    Meanwhile, the Court last week restrained the CCI from disclosing any information, considered as confidential by Google Inc, during its probe into a complaint lodged by an entrepreneur who also runs a website.
     
    Justice Vibhu Bakhru in his order also issued notice to CCI and sought its response within four weeks on the plea of Google Inc.
     
    “In the meantime, it is clarified that any information if submitted to CCI as well as to the Director General by the petitioner Google Inc, which the petitioner considers to be confidential, shall not be disclosed to any party and shall be kept strictly confidential,” the court said, and fixed the plea for hearing on 9 March 2015.
     
    Google said that it had challenged the jurisdiction of the CCI in its appeal relating to a complaint filed by entrepreneur Vishal Gupta before the panel.
     
    “The CCI lacks the territorial jurisdiction” and therefore was wrong to order a probe against Google Inc, it said.
     
    Google also said that its action to terminate AdWords account, meant to promote its Remote Tech Support services, of Vishal Gupta/Audney Inc has “no impact on competition in India” and it has “legitimately” been suspended.

     

  • ‘Super Regulator’ to replace TRAI, TDSAT

    ‘Super Regulator’ to replace TRAI, TDSAT

    MUMBAI: After scrapping the planning commission, the Modi government is thinking about clipping the wings of the Telecom Regulatory Authority of India (TRAI).

     

    According to a CNBC TV-18 story, the government is planning on a new super regulator for the communications sector. To be called Communications Commission, it will not only retain powers that TRAI enjoys, but also look into other matters concerning other regulators as well like Censor Board, some clearances from Ministry Of Environment, Competition Commission of India and the Department of Telecommunications.

     

    Moreover, the bill will also replace the Telecom Disputes Settlement Appellate Tribunal (TDSAT) with a new appellate body called the Communications Appellate Tribunal, which will have three members and a chairman. According to the report, this tribunal will also have the power to oversee dispute resolution.

     

    The communications bill seeks to replace all old and redundant legislations which include the Telegraph Act and TRAI Act. The Bill proposes a six member regulator with one chairman, who will have five year tenure. The member will include one each from sectors like telecom, broadcasting, finance, management, accountancy and either law or consumer affairs.

  • CCI fines Google for Rs 1 crore

    CCI fines Google for Rs 1 crore

    NEW DELHI: The Competition Commission of India (CCI) has imposed a fine of Rs one crore on Google for failure to comply with the directions given by CCI’s director general seeking information and documents relating to a case of online search and advertising. 

    The DG was investigating the information filed by Matrimony Com and Consumer Unity & Trust Society (CUTS) against Google for alleged abuse of market power in the relevant markets of online search and search advertising. 

    CCI also directed Google to cooperate with the investigations by furnishing such other information and documents which may be required by the DG. 

    The order was passed on a reference made by the DG to CCI alleging non-cooperation by Google in the pending investigations. 

     

  • Tamil Nadu Film Exhibitors’ Association imposed penalty by CCI

    Tamil Nadu Film Exhibitors’ Association imposed penalty by CCI

    NEW DELHI: The Competition Commission of India (CCI) has imposed a penalty of Rs 41,393 on the Tamil Nadu Film Exhibitors’ Association (TNFEA) (now known as Tamil Nadu Theatre Owners’ Association).

    The penalty has been imposed in respect of information filed by Reliance Big Entertainment (RBE) alleging contravention of the provisions of Section 3 and 4 of the Competition Act. 

    RBE alleged that it was entitled to distribute a film titled Osthe in Tamil language that was a remake of Hindi film Dabbang. However, TNFEA boycotted this film with an effort to secure a claim of its members against a third party Sun TV. 

     

    CCI in its investigation concluded that the decisions and conduct of TNFEA in respect of the boycott against the film Osthe and other films dealt by Sun TV were in contravention of the provisions of Section 3 (3) (b). 

    The penalty of Rs 41,393 has been imposed at 10 per cent of the average turnover of the Association for the relevant last three years. This penalty is to be deposited within 60 days of receipt of this order.

     

    The CCI has also directed TNFEA to cease and desist from indulging in such anti-competitive conduct in future.