Category Archives: Competition Law

Competition Law

Is there a need to break up the cartels in the radio – music labels negotiations?


Image from here One of the biggest Indian copyright litigation cases in the last decade has been the compulsory licensing battles between the radio and music industries. The newly founded private radio stations, in 1999, had wanted access to music and could not agree with the music labels on a reasonably royalty.  One aspect of this litigation which intrigued me is the negotiating positions adopted by both sides. In the two rounds of litigation before the Copyright Board, the radio…


Read More »
Competition Law

Guest Post: The Unfair Competition Act, 2011 and its Implications on Indian Manufacturers


In yet another interesting submission to our SpicyIP Fellowship applicant series, L. Gopika Murthy, a 2nd year student at NLSIU, Bangalore sends us this well written post on a new IT specific competition legislation being implemented in USA and the implications it may have on Indian software manufacturers.  The Unfair Competition Act, 2011 and its Implications on Indian Manufacturers The Unfair Competition Act, 2011[1]is a statue that aims to deter unfair competition by penalizing manufacturers who use stolen Information Technology…


Read More »
Competition Law Trademark

My Ad or No Ad: Bharat Matrimony sues Google for Anti-Competitive Behaviour in Advertising


Consim Info Pvt. Ltd. filed yet another complaint against Google Inc. last month, only this time it’s before the Competition Commission of India (CCI) for ‘engaging in discriminatory and retaliatory practices relating to AdWords’. In a statement to the Economic Times, the complainant alleged that Google abused its dominant position in online advertising and it requested the Commission to impose measures for ensuring fair competition. The anti-competitive practice in question is the display of links of its competitor, Shaadi.com and…


Read More »
Competition Law

John Doe orders for Blocking of Websites: Mad Dog without a Leash?


Of late increasing number of Bollywood filmmakers are seeking relief in terms of a John Doe order for blocking websites in anticipation of piracy before a movie release. Last month Megaupload and Filesonic were blocked by Reliance Communications (RCOM) pursuant to a John Doe order of the Delhi High Court prior to the latest release of its sister company, Don 2 (Kartik recently blogged on this here & here). The point enquiry in this post is three fold: (i) Whether…


Read More »
Competition Law Copyright

Music labels across India complain against PPL’s anti-competitive behaviour


From Punjab to Tamil Nadu, music labels are up in arms against the anti-competitive behaviour of the country’s only registered copyright society for ‘sound recordings’ – Phonographic Performance Ltd (PPL).  As explained earlier on this blog, PPL is controlled by a coterie of the seven biggest music labels – (i) Virgin-EMI (ii) Universal (iii) Tips (iv) Sony (v) Saregama (vi) Aditya (vii) Venus – all of whose representatives are in control of the Board of Directors of PPL. Any complaint…


Read More »
Competition Law Copyright

Should T-Series challenge the constitutionality of the CCI?


A few weeks ago Shan had carried this interesting post on a complaint made by HT Media to the Competition Commission of India (CCI) against the Super Cassettes Industries Ltd (SCIL) a.k.a. T-Series. HT Media owns several radio stations, which want to play the music owned by SCIL and both parties are unable to agree on the rate of a reasonable royalty.  The essence of the complaint, as reported by Mint (which is owned by HT Media), is that T-Series,…


Read More »
Competition Law

T-Series set to face the music as CCI launches an investigation


A recent report in Mint, available here states that the Competition Commission of India (CCI) through its Director General has launched an investigation against T Series for charging arbitrary royalty rates from radio broadcasters. The case has been filed before the CCI by HT Media Ltd. through their lawyers, Amarchand Mangaldas. HT Media publishes Mint and Hindustan Times and operates four FM radio stations under the Fever 104 brand. T-Series has an estimated 80% market share in music rights. If…


Read More »
Competition Law Copyright

Delhi High Court dismisses yet another petition against IPRS & PPL


In a well-reasoned judgment dated 25th May, Justice S. Murlidhar of the Delhi High Court dismissed a petition by Event and Entertainment Management Association seeking directions to the Central Government for framing of ‘appropriate and objective standards towards the determination and levying of royalties of various copyrighted works administered’ by Phonographic Performance Limited (PPL) & Indian Performing Right Society Limited (IPRS). The petitioners also wanted directions on the ‘mode of enforcing and administering such royalties’. The Event and Entertainment Management…


Read More »
Competition Law Copyright

Bollywood Wars: Multiplex Owners v. Film Producer/Distributors


In this post, I will cover the recent order of the Competition Commission of India concerning the dispute between the film producers and multiplex owners in India, with a focus on the intellectual property issues that have escaped mainstream attention. Background to the Order In early 2009, a dispute arose between multiple Bollywood film producers/distributors and multiplex owners, with the former stopping the release of several of their films till their demands were met. The dispute hinged on the producers’…


Read More »
Competition Law Copyright

Analysis of the Google Books Settlement


(Warning: Long post!) I provided a brief overview of the decision in the Google Books Search settlement case, wherein Justice Chin of the United States District Court rejected the proposed settlement entered into between Google, the Authors Guild and the publishing industry. In this post, I will look at the decision in greater detail, and briefly examine Google’s future options. What was the need for a Google Books settlement?Google Books is a service several of us as students, academicians and…


Read More »