Law: Competition Act, 2010

Section: 2(1)(e),2(1)(k),2(1)(q),3,30,37

Competition Act (XIX of 2010)--- ----Ss. 2(1)(e), 2(1)(k), 2(1)(q), 3, 30 & 37---Dominant position, abuse of---Respondent company was engaged in the business of providing converged communications telecommunication services, including television, multimedia, voice, internet and enterprise solutions to residents of the locality as well as business organizations---Competition Commission received concerns from numerous residents alleging that due to the absence of any other cable service providers in the area, company was denying them the provision of 'ATV' services on a standalone basis unless subscribed to in a bundled form with its other services which included digital television (DTV), internet---Competition Commission took notice of the violation of S.3 of the Competition Act, 2010, initiated an inquiry in pursuance of S.37(1) of the Act, which culminated into issuance of show-cause notice to the company under S.30 of the Competition Act, 2010---Issues, which needed to be addressed in the proceedings were as to what was the relevant market for the purpose of those proceedings in terms of S.2(1)(k) of the Competition Act, 2010; whether the company held a dominant position in the relevant market in terms of S.2(1)(e) of the said Act; whether the company had abused its dominant position in the relevant market in violation of Ss.3(1)(2) & 3(3)(c) of the said Act---Relevant market in which company operate was an amalgamation of two components, one being the relevant products (goods or service), and other, the relevant geographic market---Enquiry report's identification of the relevant product market, was the market for the provision of ATV Services based on HFC technology, due to the differentiation in characteristics, quality and price which made HFC based ATV Services such that it could not be seen as a substitute for the other types of ATV and DTV Services being offered, such as 'FTTH' or 'IPTV'---Competition Commission must clearly identify the relevant market in which company operated, in order to proceed further as to whether or not a violation of Competition Act, 2010, in fact and in law had been made out---Commission was of the view that the enquiry report…

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