The Competition Commission of India (CCI) dismissed a complaint filed by Unilazer Ventures against FICCI Multiplex Association of India and its members for allegedly carrying out anti-competitive practices.
“[This] is an important decision, where CCI has clarified that the initial burden of proof must be discharged by the complainant,” said Vaibhav Choukse, a partner at J Sagar Associates (JSA), which advised one of FICCI’s members, Cinepolis India. “[The regulator stated] it is the responsibility of the complainant to place on record any agreement between the cartel participants, which evidences meeting of minds.”
The other members named in the complaint are PVR, Inox Leisure and Carnival Motion Pictures.
Choukse added that future complainants will have to bear in mind that making assertions without proof will not be sufficient to warrant an investigation by the CCI.
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