MANJU THARAD Vs. EASTERN INDIA MOTION PICTURE ASSOCIATION

JUDGEMENT

(1.) THE present matter relates to an information under section 19 of the Competition Act, 2002 (hereinafter referred to as the Act) filed on 20.04.2011 by Mrs. Manju Tharad, Proprietress of M/s. Manjoranjan Films (hereinafter referred to as the "Informant") against Eastern India Motion Pictures Association (hereinafter referred to as "EIMPA/ Opposite Party No. 1") and Central Board of Film Certification, Kolkata (hereinafter referred to as "CBFC/Opposite Party No. 2") alleging that the Opposite Parties are abusing their dominant position in violation of the provisions of the Act. The facts as stated in the information, in brief, are as under:

(2.) THE Commission considered the information in its ordinary meeting dated 05.05.2011 and after forming an opinion that a prima facie case exists in the matter, passed an order under section 26(1) directing the DG to investigate the matter and submit his report to the Commission. The Commission, however, decided not to pass any interim order under section 33 of the Act.

(3.) HAVING considered the report of investigation of DG, the Commission forwarded the same to the parties for filing their replies/objections, if any. The replies/objections received from various parties on various dates are as under: