Star India and its affiliate broadcasting entities (Petitioners) has filed a writ petition before the Kerala High Court on Monday challenging the investigation launched by the Competition Commission of India (CCI) and the subsequent summons issued by CCI in the matter, as per industry sources. It has come to BrandWagon’s knowledge that the investigation was initiated based on a complaint filed before the CCI by Asianet Digital Network Private Limited (complainant) against the petitioner inter-alia on the grounds of violation of the TRAI regulations. It is inter-alia contended by the petitioners that the subject matter falls outside of the jurisdiction of the CCI.
The petitioners claimed to have filed the writ petitions before the Bombay High Court wherein the interim protection was granted by the High Court vide its order dated April 6, 2022. However, the Bombay High Court vide judgement September 16, 2022 wrote off the Writ Petition granting liberty to approach appropriate forum possessing territorial jurisdiction. Furthermore, the Bombay High Court had extended the interim protection granted to Star India and its affilIates for another 10 days.
On the basis of this, Star India, Disney and Asianet Star filed fresh writ petitions before the Kerala High Court challenging CCI’s order directing investigation and the summons. The petitions were mentioned this morning for urgent listing and the same were accordingly listed in the afternoon at 2:00 PM. When the matters were called out, the request was made by the CCI that the matters be listed on Friday (September 23, 22). ASG had given an undertaking to the court that CCI will not take any coercive steps till Friday. Basis the above undertaking, the matter are now listed on September 23, 2022.
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