STAR INDIA PVT. LTD. versus SEA T.V. NETWORK LTD. AND ANR.

STAR INDIA PVT. LTD. versus SEA T.V. NETWORK LTD. AND ANR.

Provision of television signals by a broadcaster to a distributor through an exclusive distributor who is a competitor MSO, especially when contractually mandated, is per se discriminatory and defeats the object of the Interconnection Regulations, 2004 to eliminate monopoly and ensure non-discriminatory access. In the facts, there is no principal-agent relationship but an exclusive distribution arrangement, and directing a distributor to obtain signals from a competing distributor violates the regulations.

Parties
Appellant: Star India Pvt. Ltd.; Respondent No. 1: Sea T.V. Network Ltd.; Respondent No. 2: Moon Network Pvt. Ltd.
Jurisdiction
India
Judgment Date
03 April 2007
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Broadcasting and Cable Services, Interconnection Regulations, Exclusive Distribution Agreements, Right to Trade Under Article 19(1)(g), Discrimination in Signal Provision
Telecommunications Law Constitutional Law Competition Law Broadcasting and Cable Services Interconnection Regulations Exclusive Distribution Agreements Right to Trade Under Article 19(1)(g) Discrimination in Signal Provision

Case Brief

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Parties

Star India Pvt. Ltd.

Appellant

Sea T.V. Network Ltd.

Respondent No. 1

Moon Network Pvt. Ltd.

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether direction to seek television signals from a competing exclusive distributor is discriminatory under Interconnection Regulations, 2004.
  2. 2 Whether a broadcaster can appoint an MSO as a sole and exclusive distributor to supply signals within a given territory.
  3. 3 Whether the exclusivity of such distribution arrangements defeats the object of the Interconnection Regulations to eliminate monopoly.

Ratio Decidendi

Provision of television signals by a broadcaster to a distributor through an exclusive distributor who is a competitor MSO, especially when contractually mandated, is per se discriminatory and defeats the object of the Interconnection Regulations, 2004 to eliminate monopoly and ensure non-discriminatory access. In the facts, there is no principal-agent relationship but an exclusive distribution arrangement, and directing a distributor to obtain signals from a competing distributor violates the regulations.

Court Disposition

Appeal dismissed

Orders

  • Civil Appeal No. 5524 of 2005 is dismissed.
  • No order as to costs.