VidhiSangh

Supreme Court of India · 24/01/2018

COMPETITION COMMISSION OF INDIA versus M/S FAST WAY TRANSMISSION PVT. LTD.

[2018] 2 S.C.R. 232 · 2018 INSC 54

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Summary

The Supreme Court held that denial of market access under Section 4(2)(c) did not require the affected broadcaster to compete with the dominant cable operators. The operators’ established dominance and unlawful mid-contract termination denied access and breached the provision. Nevertheless, the Court removed the penalty because the channel’s materially lower ratings supplied an otherwise justifiable commercial reason. Both the appellate tribunal’s restrictive judgment and CCI’s penalty were set aside, leaving the abuse finding without a monetary sanction on these facts.

Issues

  1. Whether denial-of-market-access abuse required competition between the broadcaster and dominant operators.
  2. Whether the established breach warranted a penalty on the particular evidence.

Provisions considered

Held

Result

Appeal allowed; appellate tribunal judgment and CCI penalty both set aside. Section 4(2)(c) breach established, but no penalty imposed on the facts.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 232.