Introduction
On March 7, 2017 the Supreme Court
("SC") delivered an important judgment
in Competition Commission of India vs. Co-ordination Committee
of Artists and Technicians of W. B. Film and Television and
Ors.1 In this case, the SC confirmed the
findings of Competition Commission of India
("CCI") in an analysis of
anti-competitive agreements enshrined in section 3, described
below, of the Competition Act, 2002
("Act"). It held that while conducting
an analysis of anti-competitive agreements, the first and foremost
aspect that needs to be determined is the relevant
market.2 This term as such does not appear in
section 3; therefore, until this judgment was pronounced once an
agreement fell under any of the four categories of section
3(3)3 it was presumed to cause appreciable adverse
effect on competition without requirement of any further proof. The
judgment has magnified the burden of proof on the CCI to define the
relevant market, which is not only difficult
