Jiostar India Private Limited Vs Competition Commission of India (Kerala High Court)
Kerala High Court held that Competition Commission of India [CCI] possess jurisdiction for investigating anti-competitive practices in telecommunication sector inspite of Telecom Regulatory Authority of India Act, 1997 regulations.
Facts- The present intra court appeal, under Section 5 of the Kerala High Court Act, 1958 assails the judgment dated 28.05.2025 whereby the writ petition filed by the appellant has been dismissed.
The appellant herein is the original writ petitioner. Through the judgment under challenge, the Single Bench has affirmed the order passed under Sec. 26(1) of The Competition Act, 2002, whereby The Competition Commission of India directed the Director General to cause an investigation to be made into the information/ complaints filed by Asianet Digital Network Private Limited against Jiostar India Private Limited, formerly known as Star India Private Limited, Disney Broadcasting (India) Private Limited and Asianet Star Communications Private Limited under Sec. 19(1)(a) of Comp. Act, 2002.
Conclusion- The parallel enquiry or proceedings can continue under both Comp. Act as well as TRAI Act under their respective enactments. However, the only exception is the situation as dealt with in the Bharti Airtel (supra) where the sectoral authority has already been approached, and the grievance has been taken cognizance of by TRAI. If the grievance relates simpliciter to the licensing regulations, or broadcasting regulations, without having any overtones of the subject matter of the Comp. Act, then TRAI must proceed with the inquiry and CCI must lay its hands off. However, if the grievance stems from and raises the dispute falling within any of the three categories of anti-competitive practices, then CCI can proceed with the inquiry regardless of the overlap with the powers and functions of TRAI under the TRAI Act.
