Mumbai News

Bombay HC refuses to intervene in plea by Star India, affiliated broadcasters against CCI probe – The Indian Express

The Bombay High Court Friday said it will not intervene in the pleas by Star India, Disney Broadcasting (India) and AsiaNet Star Communications against the Competition Commission of India (CCI) as the matter is beyond its jurisdiction.

But the bench of Justice Sanjay V Gangapurwala clarified that the interim relief granted to the petitioners will continue for ten more days from the date of the order during which they can approach the appropriate forum challenging the CCI’s ruling.

In April, the High Court had restrained the CCI from passing any orders against the petitioners until further orders in a complaint filed by the Asianet Digital Network Private Limited (ADNPL).

The broadcasters, all owned by The Walt Disney Company, had approached the court to challenge the CCI order, which had directed an investigation through its Director General against them in a complaint filed by ADNPL, a Kerala-based cable TV network company.

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In its complaint, the ADNPL had said that the three broadcasters abused their dominance in the market by providing discounts through cashback to Kerala Communicators Cables Ltd, a direct competitor of ADNPL.

Senior advocate Darius Khambata for the petitioners argued that the CCI decision was bad and could not be sustained. But advocate Somsekhar Sundaresan representing CCI said the Bombay High Court had no jurisdiction to hear the challenge.

Senior advocate Navroz Seervai for ADNPL said the broadcasters had given the discounts to Kerala Communicators over and above those permitted by Telecom Regulatory Authority of India (TRAI) and the same have been disguised in marketing and advertising agreements, which is why the ADNPL moved CCI.

Source: https://indianexpress.com/article/cities/mumbai/bombay-hc-refuses-intervene-plea-star-india-affiliated-broadcasters-against-cci-probe-8155954/