Case No. 64 of 2016. Case: N.K. Prakash Babu Vs The President, South Indian Film Chamber of Commerce and Ors.. Competition Commision of India
| Case Number | Case No. 64 of 2016 |
| Judges | G.P. Mittal, J. (Member), Devender Kumar Sikri, Chairperson, S.L. Bunker, Sudhir Mital, Augustine Peter and U.C. Nahta, Members |
| Issue | Competition Act, 2002 - Sections 19(1)(a), 26(2), 3, 3(5)(i)(a), 4 |
| Judgement Date | December 05, 2016 |
| Court | Competition Commision of India |
Order:
Order under Section 26(2) of the Competition Act, 2002
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Mr. N.K. Prakash Babu ('Informant') has filed the information in the present case under Section 19(1)(a) of the Competition Act, 2002 (the 'Act') against the President, South Indian Chamber of Commerce ('OP 1'); the Secretary, South Indian Film Chamber of Commerce ('OP 2'); the President, Kerala Film Chamber of Commerce('OP 3'); the Secretary, Kerala Film Chamber of Commerce('OP 4'); the President, Kerala Film Producers Association ('OP 5'); the Secretary, Kerala Film Producers Association ('OP 6'); the President, Kerala Film Distributors Association ('OP 7'); and the Secretary, Kerala Film Distributors Association ('OP 8') alleging, inter alia, contravention of the provisions of Sections 3 and 4 of the Act.
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As per the information, the Informant is a leaseholder of HMT Cinemas ('theatre') situated in the City of Bengaluru, Karnataka. HMT Cinemas is stated to be the only theatre in Karnataka having all amenities including 4K Sony Film Projector along with 7.1 Dolby Digital Sound Facilities. OP 1 and OP 2 are the office bearers of South Indian Film Chamber of Commerce which is working for the welfare of regional film industry in southern India. OP 3 and OP 4 are the office-bearer of Kerala Film Chambers of Commerce which is a society comprising of the producers, distributors and exhibitors in the Malayalam film industry and its main role is to pursue the government for enacting laws/rules in favour of the Malayalam film industry. OP 5 and OP 6 are the office-bearers of Kerala Film Producers Association which is an association of film producers in the Malayalam film industry and it works to promote and protect the interest of Malayalam movie producers. OP 7 and OP 8 are the office bearers of Film Distributors Association, Kerala which works to protect the interests of distributors of Malayalam films.
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The Informant has alleged that till 7th January, 2016 various Malayalam films were screened/exhibited in his theatre but after 8th January, 2016, due to the pressure of OPs, the producers/distributors of Malayalam films have stopped the supply of Malayalam films to him. On enquiry, it was revealed that OP 5 to OP 8 had orally instructed the producers/distributors of Malayalam films to not supply the Malayalam films to the Informant. It is averred that the Informant has made representations to OPs for supply of Malayalam films to him like other theatres in Karnataka, but the OPs...
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