Dubbing: HC upholds CCI decision on probe

Karnataka High Court

In a temporary setback to the Karnataka Film Chamber of Commerce (KFCC), the Karnataka High Court on Thursday upheld the decision of the Competition Commission of India (CCI) in ordering a probe through its Director-General of Investigation on the complaint that KFCC and its members indulged in anti-competitive policies by preventing dubbing movies of other languages into Kannada.

Justice A.N. Venugopala Gowda passed the order while dismissing the KFCC’s petition, in which it had questioned the October 18, 2012 order of the CCI directing the probe through DG (Investigation). The CCI had passed the order based on a complaint by the Kannada Grahakara Koota, which alleged that the Kannada film and television industries blocked dubbing of movies and television serials of other language channels into Kannada.

File objections

The High Court has now asked the KFCC to file its objections to the investigation report, submitted by the DG (Investigation) on April 30, 2013, before the CCI within four weeks. The High Court also vacated its interim direction to the CCI to keep the investigation report in abeyance and not to act upon it.

With this order, further proceedings before the CCI would continue on the complaint against the KFCC.

Anti-competition policy

Besides questioning the jurisdiction of CCI to hear the issue over dubbing, the KFCC had claimed that CCI did not give an opportunity of hearing before ordering the probe while holding that the acts of KFCC and other organisations on dubbing “ prima facie seem to be in violation of the section 3 of the Competition Act” for adopting anti-competition policy. However, the CCI’s counsel had brought to the notice of the High Court that the apex court had already upheld its jurisdiction on the actions of the film chamber.

Meanwhile, the High Court held that the prima facie opinion expressed by the CCI that acts of KFCC was anti-competitive while ordering probe, would be subject to its final decision as prime facie view on anti-competitive was only for examining the need to hold the probe. Also, the High Court said that the KFCC, under the provisions of the Competition Act, had a chance to question the probe report and it was thereafter the CCI could take a final decision on the complaint and the outcome of the investigation.