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\"\"MUMBAI: The Bombay High Court has pulled up the Competition Commission of India (CCI<\/a>) for breaching its jurisdiction while ordering a probe into allegations of cartelisation against Bharti Airtel<\/a>, Vodafone<\/a> India and Idea Cellular<\/a>.
\n
\nThe order quashing the CCI probe into the three telcos was passed on Thursday and came as a huge relief to incumbents who suffered a blow just a few days back when the sector regulator cut the interconnect charge they are entitled to on calls made from a rival’s network. The order copy though was made available on Friday.
\n
“The Authority like the Commission and\/or Director General, has no power to deal and decide the stated breaches including of “delay”, “denial”, and “congestion” of point of interconnectivity (POIs) unless settled finally by the Authorities\/TDSAT under the telecom regulatory authority of India (TRAI<\/a>) Act,” stated the bench in its order on Thursday, a copy of which is with ET.
\n
\nJustices Anoop V Mohta and Bharti Harish Dangre said reasons given by CCI were vague, unclear and insufficient to initiate an inquiry under Competition Act. The judges said that every aspect of development of telecommunication market are to be regulated and controlled by the concerned Department\/ Government under the TRAI Act only.
\n
The order stated that the question of interpretation or clarification of any “contract clauses”, “unified license” “interconnection agreements”, “quality of service regulations”, “rights and obligations of telecom service providers (TSP<\/a>) between and related to the above provisions”, are to be settled by the Authorities\/TDSAT and not by the Authorities under the Competition Act.
\n
\nJio last November complained that the three top telecom companies formed a cartel to deny interconnection points to the newcomer, resulting in calls made by its customers to the networks of the rivals getting failed.
\n
\nThe CCI ordered the probe in May, saying that there was prima facie evidence of the top three carriers forming a cartel to deny Jio adequate points of interconnection. Acting on Jio’s complaint filed in November, the fair-trade regulator gave 60 days to the director general of CCI to complete the probe.
\n
\nIdea Cellular and Bharti Airtel approached the Bombay HC in June, seeking a stay on the investigation on the grounds that there were already a regular and a tribunal for dealing with issues related to the sector. In July, the CCI told the HC that it would halt the probe and wait for the court’s decision.
\n
Cellular Operators Association of India (COAI) was also a party to the case at the CCI as it was accused of supporting the big three telecom companies to deny POIs to Jio. The antitrust body had ordered a probe into the functioning of COAI as well, saying the industry<\/a> body was prima facie found to be promoting the interests of the incumbents and allowing it to be used as a platform for preventing Jio’s smooth entry into the sector.
\n
\nThe judges however said that COAI had not breached the Competition Act.
\n
\n\"We feel that our original stand has been vindicated by the court ruling, that principally we’ve done nothing that is in contravention of competition and we acted well within the boundaries afforded to associations,\" COAI’s Mathews told ET on Thursday.
\n
\nBoth CCI and Jio now have the option of appealing to the Supreme Court against the High Court order.<\/body>","next_sibling":[{"msid":60792027,"title":"Hack at U.S. market regulator displays persistent government cyber woes","entity_type":"ARTICLE","link":"\/news\/hack-at-u-s-market-regulator-displays-persistent-government-cyber-woes\/60792027","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":60793402,"entity_type":"ARTICLE","title":"CCI breached mandate in ordering cartelisation probe: Bombay HC","synopsis":"The Bombay High Court has pulled up CCI for breaching its jurisdiction while ordering a probe into allegations of cartelisation against Bharti Airtel, Vodafone India and Idea Cellular.","titleseo":"telecomnews\/cci-breached-mandate-in-ordering-cartelisation-probe-bombay-hc","status":"ACTIVE","authors":[{"author_name":"Devina Sengupta","author_link":"\/author\/479212895\/devina-sengupta","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479212895.cms?width=100&height=100","author_additional":{"thumbsize":false,"msid":479212895,"author_name":"Devina Sengupta","author_seo_name":"devina-sengupta","designation":"Senior Assistant Editor","agency":false}}],"Alttitle":{"minfo":""},"artag":"ETTelecom","artdate":"2017-09-22 14:43:03","lastupd":"2017-09-22 14:49:07","breadcrumbTags":["CCI","TSP","TRAI","Airtel","TDSAT","Industry","Vodafone","Idea Cellular"],"secinfo":{"seolocation":"telecomnews\/cci-breached-mandate-in-ordering-cartelisation-probe-bombay-hc"}}" data-authors="[" devina sengupta"]" data-category-name="" data-category_id="" data-date="2017-09-22" data-index="article_1">

CCI违反授权命令cartelisation探针:孟买HC

孟买高等法院已停CCI违反其管辖权而下令调查的指控cartelisation Bharti Airtel,沃达丰印度和细胞。

Devina森古普塔
  • 2017年9月22日更新是02:49点
孟买:孟买高等法院已经停在了印度的竞争委员会(CCI)违反其管辖权而下令cartelisation Bharti的指控进行调查附近的旅馆,沃达丰(Vodafone)印度和知道细胞。

订单撤销CCI调查三个电信公司周四和通过之际,一个巨大的救援者谁遭受了打击几天回到部门监管机构降低互连费用他们有权从竞争对手的网络。周五订单复制虽然是可用的。

“权威委员会和/或总经理,没有权力交易,决定规定违反包括“延迟”、“拒绝”,和“拥堵”的互连(POIs)除非解决最后被当局/ TDSAT印度电信管理局(火车),“周四表示顺序的长椅上,一份与等。

法官安普V Mohta和Bharti哈瑞Dangre说CCI给出的原因是模糊的,不清楚,不足以启动在竞争法的询盘。法官说,电信市场发展的每一个方面是有关部门监管和控制/政府在火车下行动。

表示顺序的解释或澄清的问题任何“合同条款”,“统一许可”“互连协议”,“服务质量法规”、“电信服务供应商的权利和义务茶匙)和相关的上述条款”,是由当局/ TDSAT而不是竞争下的政府行为。

Jio去年11月抱怨三大电信公司形成了卡特尔否认互连新来的,导致调用由其客户的网络竞争对手越来越失败。

CCI下令调查5月,说有初步证据的三大运营商形成卡特尔否认Jio足够的点互连。作用于11月Jio的起诉书,公平贸易监管部门给了主任CCI 60天完成调查。

想法细胞和Bharti Airtel接近6月份孟买HC,寻求继续调查,因为已经有一个常规和法庭来处理相关问题。今年7月,CCI告诉HC,它将停止调查,等待法院的判决。

印度手机运营商协会(COAI)也与案件当事人的CCI,因为它被指控支持三大电信公司否认POIs Jio。反垄断机构下令调查COAI的功能,说行业尸体被初步发现促进当权者的利益,允许它作为一个平台用于防止Jio顺利进入该行业。

然而法官说,COAI没有违反了竞争法。

“我们觉得我们最初站已经证明了法院的裁决,这主要是我们做任何违反竞争和我们提供的边界之内采取行动协会、“COAI周四的马修斯告诉等。

CCI和Jio现在可以选择对高等法院上诉到最高法院。
  • 发布于2017年9月22日下午02:43坚持
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\"\"MUMBAI: The Bombay High Court has pulled up the Competition Commission of India (CCI<\/a>) for breaching its jurisdiction while ordering a probe into allegations of cartelisation against Bharti Airtel<\/a>, Vodafone<\/a> India and Idea Cellular<\/a>.
\n
\nThe order quashing the CCI probe into the three telcos was passed on Thursday and came as a huge relief to incumbents who suffered a blow just a few days back when the sector regulator cut the interconnect charge they are entitled to on calls made from a rival’s network. The order copy though was made available on Friday.
\n
“The Authority like the Commission and\/or Director General, has no power to deal and decide the stated breaches including of “delay”, “denial”, and “congestion” of point of interconnectivity (POIs) unless settled finally by the Authorities\/TDSAT under the telecom regulatory authority of India (TRAI<\/a>) Act,” stated the bench in its order on Thursday, a copy of which is with ET.
\n
\nJustices Anoop V Mohta and Bharti Harish Dangre said reasons given by CCI were vague, unclear and insufficient to initiate an inquiry under Competition Act. The judges said that every aspect of development of telecommunication market are to be regulated and controlled by the concerned Department\/ Government under the TRAI Act only.
\n
The order stated that the question of interpretation or clarification of any “contract clauses”, “unified license” “interconnection agreements”, “quality of service regulations”, “rights and obligations of telecom service providers (TSP<\/a>) between and related to the above provisions”, are to be settled by the Authorities\/TDSAT and not by the Authorities under the Competition Act.
\n
\nJio last November complained that the three top telecom companies formed a cartel to deny interconnection points to the newcomer, resulting in calls made by its customers to the networks of the rivals getting failed.
\n
\nThe CCI ordered the probe in May, saying that there was prima facie evidence of the top three carriers forming a cartel to deny Jio adequate points of interconnection. Acting on Jio’s complaint filed in November, the fair-trade regulator gave 60 days to the director general of CCI to complete the probe.
\n
\nIdea Cellular and Bharti Airtel approached the Bombay HC in June, seeking a stay on the investigation on the grounds that there were already a regular and a tribunal for dealing with issues related to the sector. In July, the CCI told the HC that it would halt the probe and wait for the court’s decision.
\n
Cellular Operators Association of India (COAI) was also a party to the case at the CCI as it was accused of supporting the big three telecom companies to deny POIs to Jio. The antitrust body had ordered a probe into the functioning of COAI as well, saying the industry<\/a> body was prima facie found to be promoting the interests of the incumbents and allowing it to be used as a platform for preventing Jio’s smooth entry into the sector.
\n
\nThe judges however said that COAI had not breached the Competition Act.
\n
\n\"We feel that our original stand has been vindicated by the court ruling, that principally we’ve done nothing that is in contravention of competition and we acted well within the boundaries afforded to associations,\" COAI’s Mathews told ET on Thursday.
\n
\nBoth CCI and Jio now have the option of appealing to the Supreme Court against the High Court order.<\/body>","next_sibling":[{"msid":60792027,"title":"Hack at U.S. market regulator displays persistent government cyber woes","entity_type":"ARTICLE","link":"\/news\/hack-at-u-s-market-regulator-displays-persistent-government-cyber-woes\/60792027","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":60793402,"entity_type":"ARTICLE","title":"CCI breached mandate in ordering cartelisation probe: Bombay HC","synopsis":"The Bombay High Court has pulled up CCI for breaching its jurisdiction while ordering a probe into allegations of cartelisation against Bharti Airtel, Vodafone India and Idea Cellular.","titleseo":"telecomnews\/cci-breached-mandate-in-ordering-cartelisation-probe-bombay-hc","status":"ACTIVE","authors":[{"author_name":"Devina Sengupta","author_link":"\/author\/479212895\/devina-sengupta","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479212895.cms?width=100&height=100","author_additional":{"thumbsize":false,"msid":479212895,"author_name":"Devina Sengupta","author_seo_name":"devina-sengupta","designation":"Senior Assistant Editor","agency":false}}],"Alttitle":{"minfo":""},"artag":"ETTelecom","artdate":"2017-09-22 14:43:03","lastupd":"2017-09-22 14:49:07","breadcrumbTags":["CCI","TSP","TRAI","Airtel","TDSAT","Industry","Vodafone","Idea Cellular"],"secinfo":{"seolocation":"telecomnews\/cci-breached-mandate-in-ordering-cartelisation-probe-bombay-hc"}}" data-news_link="//www.iser-br.com/news/cci-breached-mandate-in-ordering-cartelisation-probe-bombay-hc/60793402">