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"Avengers: Age of Ultron" has been given the green signal by the CompetitionCommission of India (CCI) as the latter found no cartelisation among Hollywoodproducers which are releasing their films in India. "The movie's release in India is unlikely to be restrained now as the petitioner does not seem to have approached any court as per our information," said a source privy with the development. The movie can be released on Friday as the petitioner - K Sera Sera Digital Cinema - was unable to prove the anti-competitive behavior as per the provisions of section 3 of the CompetitionAct, 2002.
The decision came as a big relief for Walt Disney, which were represented by Saikrishna & Associates, as it is giving the film a wide release on April 24 in India, opening it in over 1,500 screens with dubbed versions in Hindi, Tamil and Telugu. The petitioner had alleged that the Digital Cinema Initiatives (DCI) - a joint venture between Walt Disney, Fox, Paramount, Sony PicturesEntertainment, Universal and Warner Bros - has been formed with an object t odominate and monopolise the market of digital cinema exhibition in India and elsewhere. It was further alleged that these Hollywood producers have entered into an anti-competitive agreement amongst themselves to release their movies in India in digital form only through Digital Cinema Initiatives (DCI) compliant servers and projectors. With "Avengers: Age of Ultron" releasing only through the DCI-compliant theatres by Walt Disney on Friday, the petitioner alleged that "the cartel constituted by these Hollywood producers is forcing the Indian companies, engaged in the business of digital cinema technology, to adhere to their standards and conditions even if the Indian companies havebetter technology".
However, Hollywood producers said that primary purpose of DCI is to establishand document voluntary technical specifications for an open architecture fordigital cinema that ensures a uniform and high level of technical performance,reliability and quality control. "As per the DCI specifications, each DCI membercompany may independently decide the extent to which it will adhere to thesespecifications for a digital cinema system," the producers said.
Agreeing with the Hollywood producers that DCI-compliant format is better than non-DCI compliant format as far as quality andsecurity of intellectual property is concerned, CCI said that it has found noevidence to infer that there has been any cartelisation among Hollywood producers.Furthermore, CCI said that the petitioner was unable to prove that these Hollywood producers were abusing the dominant position in the market as per the provisions of section 4 of the Competition Act, 2002.
The CCI decision became public on Thursday after theBombay High Court on April 16 had asked CCI to expedite the hearing into the K Sera Sera's complaint. The High Court had also asked the CCI to decide on the interim relief before April 24 as K Sera Sera had asked to restrict the distribution and screening of the movie till its petition is heard.
