2017-TIOLCORP-NEWS-117 | Wednesday, June 14, 2017

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COMPANIES LAW
 
2017-TIOLCORP-36-HC-DEL-CA

Instrumentation Laboratory India Pvt Ltd Vs UoI

Whether court would further reduce the composition fee when the same has already been brought down considerably by the Additional Sessions Judge - NO : HC

Whether High Court would interfere in the order of the lower court only if the same results in failure of justice or the discretion is exercised contrary to the settled principles of law - YES: HC

- Petition dismissed: DELHI HIGH COURT

 
COMPETITION LAWS
 
2017-TIOLCORP-05-COMPAT

Karnataka Film Chamber Of Commerce Vs Kannada Grahakara Koota

Whether the practice of preventing the release/telecast of dubbed films/TV serials in the State of Karnataka by an association which is representative of entire kannada film industry would amount to cartelization and can be deemed anti competitive - YES: COMPAT

Whether any action taken by a party which is an association of film producers would be considered as joint action of its members with the association and also joint action inter se members since such association is a representative association of its members - YES: COMPAT

Whether an association of film producers can contend that their role was geographically confined to the state of Karnataka when the Film Certification and Censor Board and Karnataka State Information Department had recognized the association as representative of the entire Kannada film industry and certificates for tax exemption of Kannada movies etc., were generally granted on the recommendations of such association - NO: COMPAT

Whether film and television industry would constitute a single product market as both are products of entertainment industry also films are telecast on TV channels and and film rights get sold to TV channels - YES: COMPAT

Whether dominance of an association of film producers & theatre owners stands proved when for the telecast of a hindi language show in a particular state, its producer approached the said association instead of the TV association of the state concerned - YES: COMPAT

Whether the penalty imposed by CCI can sustain if the anti competitive activities have been proved - YES : COMPAT

- Appeal dismissed: COMPAT

 
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