Case Law Details
Confederation of Professional Baseball Softball Clubs Vs Amateur Baseball Federation of India (Competition Commission of India)
The Commission observes that ABFI by issuing communication dated 07.01.2021 to its affiliated State Baseball Associations requesting them not to entertain the unrecognised bodies and further by requesting them not to allow their respective State players to participate in any of the tournaments organised by such unrecognised bodies, has violated the provisions of Section 4(2)(c) of the Act as it results in denial of market access to other associations who wish to conduct such tournaments. Also, such conduct results in limiting and restricting the provision of services and market therefor, in contravention of the provisions of Section 4(2)(b)(i) of the Act. As already noted, ABFI has acknowledged that it has sent the impugned communication dated 07.02.2021 to its affiliated State Associations.
The Commission also notes that the communication dated 07.02.2021 has further warned of strict action against the players who participate in the tournaments organised by bodies which are not ‘recognised’ by ABFI. Such conduct imposes an unfair condition upon the players and thereby falls foul of the provisions of Section 4(2)(a)(i) of the Act besides stultifying the very objective of promoting the cause of baseball in India, which a National Sports Federation is obligated to discharge.
In view of the foregoing, the Commission is of the considered opinion that ABFI through its impugned conduct has violated the various provisions of Section 4 of the Act.
ABFI is found in contravention of the provisions of Section (4)(2)(a)(i), 4(2)(b)(i), and 4(2)(c) of the Act for the reasons adumbrated in this order. Accordingly, OP is hereby directed to cease and desist from indulging in future in the conduct which has been found to violate the provisions of the Act.
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