Case No. 89 of 2016. Case: Rakesh Sanghi Vs Bennett, Coleman and Company Ltd. and Ors.. Competition Commision of India
| Case Number | Case No. 89 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), 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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The present information was filed by Shri Rakesh Sanghi ('Informant') under Section 19(1)(a) of the Competition Act, 2002 (the 'Act') against Bennett Coleman and Company Ltd. ('OP 1') and Deccan Chronicle Holdings Ltd. ('OP 2') [hereinafter, collectively, 'OPs'] alleging contravention of the provisions of Section 4 of the Act.
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As per the information, the Informant is a lawyer practicing in the city of Hyderabad. It is stated that the Informant is required to publish notices on behalf of his clients for certain purposes such as transactions of land/real estate, cautioning prospective purchasers against buying disputed properties etc. It is stated that OP 1 is India's largest media conglomerate that publishes 'The Times of India' English daily newspaper, having editions all over the country. OP 2 publishes 'The Deccan Chronicle', also one of the leading English language daily.
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The Informant has submitted that OPs are two leading English daily newspapers in the twin cities of Hyderabad and Secunderabad in the State of Telangana with a circulation of around 2,55,600 and 3,00,000 copies in the twin cities. It is stated that OPs are enjoying a dominant position in the market of English daily newspaper in the aforesaid cities.
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The Informant has stated that publication of legal notices/caution notices in newspapers may be equated with an essential commodity because any person willing to purchase a property may have to cause publication of the proposed transaction in a newspaper in order to verify the status of the property. Further, in case of disputed properties, a legal notice may have to be advertised for cautioning the innocent purchasers/buyers from purchasing such properties.
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It is averred that the Informant wanted to publish a caution notice in the Hyderabad edition of the newspapers published by the OPs of the size of 10 cm x 12 cm with an ideal alphabet size of font 7 and the Informant was advised by the agents of the OPs that the publication of the said notice would cost around Rs. 1,00,000/-. The Informant has averred that the rate quoted by the OPs for the said advertisement is much higher than the rates for similar advertisement in other newspapers circulated in Hyderabad and Secunderabad. In this regard, the Informant has submitted the advertising rates structure of the OPs alongwith other newspapers such as 'The Hindu' and 'The Indian Express'. The Informant...
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