Case No. 46/2011. Case: Primordial Systems Pvt. Ltd., New Delhi Vs Indian Newspaper Society (INS), New Delhi, Sh. Raman K. Chugh, Gurgaon and Hype & HIke Advertising Inc., Gurgaon. Competition Commision of India

Case NumberCase No. 46/2011
JudgesAshok Chawla (Chairman), R. Prasad, Geeta Gouri, Anurag Goel and M.L. Tayal, Members
IssueCompetition Act, 2002 - Section - 19 (1) (a)
Judgement DateSeptember 28, 2011
CourtCompetition Commision of India

Order:

  1. The Commission has considered the present matter on the basis of an information received from PRIMORDIAL Systems Pvt. Ltd. (hereinafter referred to as 'the Informant') on 19.08.2011 under Section 19 (1) (a) of the Competition Act, 2002 (hereinafter referred to as 'the Act'). The matter relates to alleged abuse of dominant position by Indian Newspaper Society-INS (hereinafter referred to as 'Opposite Party No. 1'), Sh. Raman K. Chugh (hereinafter referred to as 'Opposite Party No. 2') and Hype & Hike Advertising Inc. (hereinafter referred to as 'Opposite Party No. 3') in the provision of advertisement services in print media in India.

  2. The brief facts and allegations as per information in the case are as under:

    2.1. As per the information, the informant is a company incorporated under the provisions of Companies Act, 1956 and is engaged in the provision of skill based education services to the young people in India through its own educational institution India Institute of Learning & Advanced Development (hereinafter referred to as 'INLEAD') and by entering into strategic alliance with other organisations in India like India Tourism Development Corporation Ltd., Sri Ram College of Commerce, Delhi University etc.

    2.2. The Opposite Party No. 1 is a registered society of print media/newspaper publishers in India and is primarily engaged in giving accreditation to different advertising agencies for publication of advertisement of their clients in various print media who are its members. Besides, it is also responsible for maintenance of financial discipline and safety of the business interest of its members.

    2.3. The Opposite Party No. 3 is an accredited advertisement agency of Opposite Party No. 1 having its office at Gurgaon, Haryana and is engaged in the provision of advertisement services including the responsibility of booking space in various print media to its clients as per their requirements. The Opposite Party No. 2 is proprietor of Opposite Party No. 3 and is working as an advertising agent.

    2.4. It has been submitted by the informant that as it is in the business of provision of skill enhancement education programmes, publicity plays an important role in its business operation and development for which it has to depend on different print and other media for advertisements of its programmes.

    2.5. As per the information, in October, 2010, the Opposite Party No. 2 approached the informant to work as its agent for media publications/advertisement and assured that his advertisement agency shall...

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