9911796707
TMI Blog2013 (4) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... or the case is required to be determined keeping in view the provisions of section 2 (r), (s) and (t) read with section 19 (5), (6) and (7) of the Act. The relevant market in the instant case would be a service market of 'popularity evaluation of T.V. Programmes'. Popularity of a programme is directly related to the advertisement revenue a broadcaster can generate from the programme. T.V. Programmes popularity rating, on a commercial basis, is being done mainly by the OP and, prima facie, the OP appears to be a dominant player in the above mentioned relevant market. It is a well-known fact that the taste of programmes differ in urban and rural areas. Thus, installation of people meters only in urban areas can not reflect viewers choice PAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abused its position of strength with respect to measurement of viewership in contravention of the provisions of section 4 of the Act. 2. The Informant is a public broadcasting corporation established under Prasar Bharati (Broadcasting Corporation of India) Act, 1990 which runs Doordarshan and All India Radio Networks. The OP is a joint venture between Nielsen (India) Private Limited and Kantar Market Research, television audience measurement company incorporated under the Companies Act, 1956. 3. As per the information, the Informant conducts public broadcasting services along with broadcasting news and entertainment programmes. It had a vast reach covering both rural and urban areas. Doordarshan was the only Television broadcaster in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was being largely under reported thereby causing great financial loss to it besides affecting its reputation. The acts of the OP were not only abusive but also adversely affected competition in the market and were in contravention of the provisions of the Competition Act, 2002, especially section 4(2) (b) (i) and (ii). 7. The Commission considered the matter and heard the counsel for the informant at length. From perusal of information and material available on record, it is evident that TRP/TVR rating of a programme declared by the OP, was a tool to evaluate which television programme was being viewed the most. On the basis of popularity of a programme the advertisement rates for a program were decided by ad-agencies. For measuring this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in urban areas can not reflect viewers choice PAN India. Moreover, the sample size represented a very minuscule narrow statistical base, keeping in view 120 millions television households (as per information). The OP had limited its surveys and viewers measurement only to the larger cities with a population of one lakh or more. The rural viewership was completely ignored and excluded from the television viewers measurement services provided by the OP. Therefore, it is apparent that OP was not displaying the true picture regarding TVR/TRP of Doordarshan, which had large presence in all rural areas and was broadcasting programme keeping in view the taste of rural viewers. 10. In India, within the Television Industry, about 34% of revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of urban viewers and gives a distorted picture of the viewership PAN India. TRP rating provided by Opposite Party of the different programmes is not stated to be 'specific city based' but it is provided as if it was PAN India, which apparently was a misrepresentation as the opposite party has not installed people meters in any rural areas. The sample size of 8000 homes in a vast country like India, having population of more than 126 crores was also minuscule and misleading. In a country as vast as India with diverse culture, different languages, where the urban population was only 30% and rural population about 70%, not installing people meters in rural areas, prima facie, amounted to restricting use of technology of measuring viewer's choi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igation to be made into the matter under section 26(1) of the Act. 14. It is ordered accordingly. 15. The Secretary is directed to send a copy of this order to the office of the DG. DG shall investigate the matter about violation of the provisions of the Competition Act. In case the DG finds OP company was in violation of the provision of Competition Act, it shall also investigate the role of the persons who at the time of such contravention were incharge of and responsible for the conduct of the business of the Company so as to fix responsibility of such persons under section 48 of the Competition Act. DG shall give opportunity of hearing to such persons in terms of section 48 of the Competition Act. The report of DG be submitted withi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
