The CCI by its order dated September 29, 2015 dismissed case against a daily newspaper of Times Group Bombay Timesonline portal www.halfticket.tv, managed by Cloudwalker Streaming Technologies Private Limited (“Informant”) and engaged in showcasing/ exhibiting feature films including short films etc. The Informant wished to publish an advertisement in the daily newspaper of Times Group, owned and controlled by Bennett, Coleman and Co. Ltd (OP). The OP was alleged to charge the said advertisement under the “Display category” instead of charging rate as indicated in the “entertainment card”, which was three times the rate of the latter. The informant stated that the OP virtually monopolized the newspaper advertisement segment in the market and hence its conduct amounted to alleged for being dominant and shows abuse of dominance u/s 4 of the Act.
CCI defined the relevant market in the above matter as "market for services of procurement of advertisement space in English print media in Mumbai". CCI was of the view that OP may be enjoying a wide readership in the relevant market but there are several other reputed newspapers, which are also enjoying a large readership in the relevant market and posing competitive contraints on OP. The presence of large number of other English newspapers in Mumbai provides more choice to the Informant as well as inhibits OP from exercising any kind of monopolistic power independent of market forces, thus OP is not dominant in the relevant market.