A.K.SIKRI, A.M.SAPRE
Competition Commission of India – Appellant
Versus
Co-Ordination Committee of Artists And Technicians of W. B. Film & Television – Respondent
JUDGMENT :
A.K. Sikri, J.
This appeal raises an interesting and important question of law touching upon the width and scope of jurisdiction of the Competition Commission of India (for short, the ‘CCI’) under Section 3 of the Competition Act, 2002 (hereinafter referred to as the 'Act'). Before we mention the nuances of the issue that has arisen for consideration, it would be apposite to take stock of the background facts under which the issue needs determination, as the factual canvass would provide clarity of the situation that has led to the dispute between the parties. Respondent No. 2 herein, Mr. Sajjan Kumar Khaitan, is the proprietor of M/s. Hart Video having his establishment in Kolkata. He is in the business of distributing video cinematographic TV serials and telecasting regional serials in the States of Eastern India, which includes the State of West Bengal. M/s. BRTV, Mumbai, which is the producer of T.V. programmes, had produced T.V. Serial named 'Mahabharat', original version whereof was in Hindi. The said BRTV entrusted the sole and exclusive rights of ‘Mahabharat’ to M/s. Magnum T.V. Serials to dub the Hindi version of the said serial in Bangla with further rights to ex
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