Reliance Jio Vs Other Telcos: Bombay HC Terms CCI Order Illegal, Says Every Majority Decision Is Not ‘Cartelisation’ [Read Order]

Team SoOLEGAL 22 Sep 2017 5:49pm

Reliance Jio Vs Other Telcos: Bombay HC Terms CCI Order Illegal, Says Every Majority Decision Is Not ‘Cartelisation’ [Read Order]

In a huge relief to telecom giants, Vodafone India, Idea Cellular and Bharti Airtel Limited, the Bombay High Court quashed and set aside an order of the Competition Commission of India (CCI) which directed a probe into the ‘cartelisation’ charge leveled against them by new market player Reliance Jio.

A bench of Justice Anoop Mohta and Justice Bharati Dangre quashed and set aside the order dated April 21, 2017, passed under Section 26(1) of the Competition Act, 2002, by the CCI and all resultant notices issued by the CCI Director General.

The order of CCI was challenged by the three telecom companies and Cellular Operators Association of India (COAI) in the High Court.

Seniors like Harish Salve, Iqbal Chagla, Darius Khambata, Aspi Chinoy, Janak Dwarkadas, Shreehari Aney, Ramji Shrinivasan and Amit Sibal appeared in the matter.

Reliance Jio had alleged that these telecom companies were denying the requisite number of points of interconnect (POI) leading to congestion in its network. However, it was argued on behalf of the COAI that Reliance Jio’s free services generated a huge volume of voice messages, which, in turn, were causing congestion in the network.

In the judgment that was pronounced in open court on Thursday, the bench noted that the telecom sector is governed, regulated, controlled and developed by the Authorities under the Telegraph Act, the Telecom Regulatory Authority of India Act (TRAI Act) and related regulations, rules, circulars, including all government policies.

All the parties/ stakeholders in this sector are bound by the statutory agreements/ contracts, apart from related policy, usage, custom, practice so announced by the government/ authority, from time to time.

Tagged: Bombay High Court   Justice Anoop Mohta   JIO   Reliance Jio  
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