CO-ORDINATION COMMITTEE OF ARTIST & TECHNICIANS OF WEST BENGAL FILM & TELEVISION INDUSTRY Vs. SAJJAN KUMAR KHAITAN & OTHERS

JUDGEMENT

(1.) In this Appeal, the majority order passed by the Competition Commission of India (in short the "CCI") is in challenge. The operative order passed by the CCI is as under "8.4 The Commission also directs the OP -1 and OP -2 to 'cease and desist' from the following practices and take suitable measures to modify or remove them from their articles of association, rules and regulations; i) The existing rules of Eastern India Motion Picture Association, OP -1 on dubbing must be dispensed with and there should be no bar or prohibition on exhibition of dubbed films or serials produced in any language in the areas under its control. ii) The Co -ordination Committee of Artist and Technicians of West Bengal Film and Television Industry should not impose any restrictions in any manner on distribution and exhibition of the Films or TV serials in the areas under its control."

(2.) The said order was passed by the CCI, having found the original OP -1 and OP -2 guilty of breach of section 3(3)(b) of the Competition Act, 2002 (in short the "Act"). In addition to this, the CCI also decided to take up separate proceedings against the members of original OP -2. The CCI, however, refused to inflict any separate penalty against OP -1, as it had already imposed penalty on OP -1. A separate judgment was written by one of the learned Member Justice Dhingra. He, however, took the view that neither OP -1 nor OP -2 breached any provision, much less of section 3 and 4, and exonerated both the Opponents.

(3.) One Shri Sajjan Khaitan, Proprietor, M/s. Hart Video was the Informant, while Eastern India Motion Picture Association (hereinafter 'EIMPA') was the Opponent No.1 (OP -1). The Opponent No.2 (OP -2) was the General Secretary, Co -ordination Committee of Artist and Technicians of West Bengal Film and Television Industry (in short 'Co -ordination Committee'). It is this Co -ordination Committee, which has filed an Appeal before us. The other two Opponents were individuals, namely - Shri Kunal Ghosh and Shri Sanjoy Das, who were not awarded any penalty, since a view was taken by the majority order that they could not be held to have contravened any of the provisions of the Act. Since EIMPA has not challenged the order, we are concerned only with appellant -Co -ordination Committee in this Appeal.