Confirms CCI order; Film Association’s illegal ban order within Competition Act purview
COMPAT dismisses appeal, upholds CCI’s order wherein the act of Film Distributors Association (Kerala) (‘Appellant’) of imposing ban on producer, distributor and exhibitor of films (P.V. Basheer Ahamed, Respondent No. 2) on exhibiting Malayalam films was held as illegal and anti-competitive; Rejects producer\'s contention that since he was member of Appellant-association, having constitutional right to form association, thus, CCI order was violative of his fundamental rights under Article 19(1)(c) of the Constitution, as member suspension was inherent right of association, which cannot be part of investigation under Competition Act; COMPAT refers to its order in Advertising Agencies Guild Vs Indian Broadcasting Foundation & its members, wherein it was held that “when trade associations transgress their legal contours and facilitate collusive decision-making with intention of controlling production, distribution, sale / price of / trade in goods / providing services, same will amount to violation of Competition Act”; Holds that the appellant failed to point out any provision in its constitution / bye laws under which a ban could be imposed on the screening of certain types of films, states that Director General & CCI recorded detailed reasons for arriving at a concurrent finding that the ban imposed was anti-competitive.
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