hafta Brazzers studyolarinda calisip emek sarfeden koca memeli Phoenix Marie izin porno indir gununde de kocasina vermeye karar veriyor Kocasinin da Brazzers icin calistigini unutmus porno video sayilir Kendi yatak odasinda oyle profesyonel bir seks yapiyor ki cekici hatun yine redtube harikalar yaratmis seksi guzel hatun sert erkeklerden ve koca penislerden cok hoslaniyor porno video guzel zenci hatun bu seferde genc bir erkek ile geldigi evde muhabbetin dibine porno vuruyor Zenci kari seksiligi ile adami kendinden ediyor resmen adam kari karsisinda daha fazla dayanamiyor
Log in

Login to your account

Username
Password *
Remember Me
India's Leading Source for Broadcasting & Broadband Information - CableQuest Magazine
HomeNewsLegal NewsStar & SPNI get relief from Bombay HC on CCI’s verdict
Monday, 21 October 2019 05:44

Star & SPNI get relief from Bombay HC on CCI’s verdict

email this page

Leading broadcasters Star India and Sony Pictures Networks India (SPNI) have got some relief as the Bombay High Court has set aside Competition Commission of India’s (CCI) order against these two broadcasters.

As reported, the CCI on 30th July 2018, had ordered an inquiry into allegations of prime discrimination against broadcasters Star India, and SPNI along with Indian Broadcasting Foundation (IBF) following a complaint filed by headend in the sky operator (HITS) Noida Software Technology Park Ltd. (NSTPL) alleging price discrimination.

CCI had directed the Director General (DG) to cause an investigation into the matter to ascertain whether the broadcasters have indulged in refusal to deal by way of price discrimination with the HITS operator in contravention of the provisions of Section 3(4) of the Competition Act 2002.

Later, Star and Sony filed petitions in the Bombay High Court. On 16th August 2018, the Bombay HC granted ad-interim relief restraining CCI from taking any coercive steps against Star and Sony in pursuance of the impugned order.

In its order dated 16th October, the Bombay HC allowed the writ petitions stating that the CCI had applied a wrong test to determine the anti-competitive conduct.

It said: “The Impugned Orders dated 27th July 2018 and 31st July 2018 passed by the Competition Commission of India under Section 26(1) of the Competition Act, 2002 and all consequent actions/notices of the Director-General are quashed and set aside in exercise of our power under Article 226 of the Constitution of India. There shall be no order as to costs.”

As per Bombay HC, in order to hold a prima facie contravention of Section 3(4), CCI ought to have formed a prima facie view that there exists an agreement either between Star/Sony and NSTPL which provides for a refusal to produce, supply, distribute, store or trade in goods or provision of services with/to NSTPL and that such agreement causes Appreciable Adverse Effect on Competition (AAEC).

However, it noted that there is no finding that the broadcasters have refused to produce, supply, distribute, store or trade in goods or provision of services with/to NSTPL. It further stated that the CCI was under an obligation to arrive at a prima facie finding that the conduct of the Petitioners causes AAEC.

The Order said: “Since there is no prima facie finding by CCI on AAEC, according to us, the mandatory jurisdictional pre-requisite of a prima facie view of contravention of Section 3(4) is absent. Therefore, once again, we are unable to find any reasonable justification justifying CCI’s failure to apply the aforesaid analysis whilst passing the Impugned Order. This being so, the Impugned Order cannot stand the test laid down under the Act.”

The Court also stated that it is unable to place any reliance on the various charts submitted by NSTPL to submit that Star and Sony have indulged in price discrimination. It is now clear that the issue as to whether Star and/or Sony indulged in price discrimination is still pending adjudication in NSTPL ‘s Second TDSAT Petition before the TDSAT. Therefore, the court said, it cannot pass any finding in this respect.

“In any event, the Supreme Court in CCI vs. Bharti Airtel has clearly laid down that this Court ought not to go into the merits of the Impugned Order. Keeping in line with the Supreme Court’s directions in CCI vs. Bharti Airtel, we also refrain from making any observations as to the conduct and ongoing insolvency proceedings of NSTPL,” it stated.

NSTPL, On 7th June 2017, fled an Information against Star, Sony and the IBF with CCI under Section 19 (1) of the Competition Act alleging that Star and Sony have adopted anti-competitive market practices, owing to their strategic position in the broadcasting sector/market by imposing unfair terms and limiting their services to less favored Distribution Platform Operators such as NSTPL in clear violation of Section 3 and 4 of the Competition Act.

email this page

Share this post

Submit to DeliciousSubmit to DiggSubmit to FacebookSubmit to Google PlusSubmit to StumbleuponSubmit to TechnoratiSubmit to TwitterSubmit to LinkedIn
Urgently Required
Cable Quest Annual Issue 2019
One 2 BHK Flat Available
Convergence India 2020
Wanted - English Journalist, Excel Operator, Web Marketing
Subscribe to Cable Quest

Calendar

November 2019
S M T W T F S
27 28 29 30 31 1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30

Latest News

Magazine Archives Year 2014-2015

  • Cable Quest Magazine Archive - June 2015

    Jun 2015

  • Cable Quest Magazine Archive - May 2015

    May 2015

  • Cable Quest Magazine Archive - April 2015

    Apr 2015

  • Cable Quest Magazine Archive - March 2015

    Mar 2015

  • Cable Quest Magazine Archive - February 2015

    Feb 2015

  • Cable Quest Magazine Archive - January 2015

    Jan 2015

  • Cable Quest Magazine Archive - December 2014

    Dec 2014

  • Cable Quest Magazine Archive - November 2014

    Nov 2014

  • Cable Quest Magazine Archive - October 2014

    Oct 2014

  • Cable Quest Magazine Archive - September 2014

    Sep 2014

  • Cable Quest Magazine Archive - August 2014

    Aug 2014

  • Cable Quest Magazine Archive - July 2014

    Jul 2014

  • Cable Quest Magazine Archive - June 2014

    Jun 2014

  • Cable Quest Magazine Archive - May 2014

    May 2014

  • Cable Quest Magazine Archive - April 2014

    Apr 2014

  • Cable Quest Magazine Archive - March 2014

    Mar 2014

  • Cable Quest Magazine Archive - February 2014

    Feb 2014

  • Cable Quest Magazine Archive - January 2014

    Jan 2014

Do you have a Complaint

World of Spiritual & Divine Thoughts | Shri Guru Nanak Dev Ji

hızlı öfkeli 8 izle canlı maç izle hd film izle film izlecanlı maç izle
X

Right Click

No right click