KARNATAKA FILM CHAMBER OF COMMERCE, BANGALORE Vs. KANNADA GRAHAKARA KOOTA

JUDGEMENT

(1.) The subject matter of challenge in this petition is a direction dated 18.10.2012 issued under S.26(1) of the Competition Act, 2002 (for short 'the Act'), in Case No.58/2012, by the Competition Commission of India (for short 'the Commission'), for investigation into the allegations made by the informants i.e., respondent Nos.1 and 2 herein, and for submission of report.

(2.) The background facts are that the respondent Nos.1 and 2 having approached the respondent No.8 - the Competition Commission of India, under Section 19(1) of the Act, to institute an enquiry against the petitioner and the respondent Nos.3 to 7, by passing an order directing the respondent No.9 Director General of Investigation, Competition Commission of India, to carryout investigation into the cartel like behaviour of the petitioner and respondent Nos.3 to 7 and their members and submit report there on, for the purpose of taking further action and the Commission having issued a direction dated 18.10.2012, as at Annexure-A, in exercise of its power under S.26(1) of the Act, this writ petition was filed on 24.04.2013, to quash the same.

(3.) The petitioner is an Association, registered under the provisions of the Karnataka Societies Registration Act, 1960. It has 7 categories of members i.e., film producers, film distributors, film exhibitors, Studio and laboratory and out door equipment hirer members, honorary members, affiliated members and temporary members. The objects with which the petitioner was established was to encourage and promote the film industry in the state of Karnataka and also to protect, conserve and promote Kannada, Konkani, Tulu and Kodava literature, culture and language and also to protect the welfare of the people who are involved in making Kannada, Konkani, Tulu and Kodava movies. According to the petitioner, it has 5000 members, who are engaged in the production, distribution of Kannada movies and it is concerned only with the film fraternity and is in no way concerned with the television association or its dependants.