TEAM - C

SULTAN-UL-ULOOM COLLEGE OF
LAW INTRA MOOT COURT
COMPETITION 2020

BEFORE THE NATIONAL COMPANY

LAW APPELLATE TRIBUNAL

INFINITY TELECOM (APPELLANT)

V/S
SWAMY TELECOM (RESPONDENT)

MEMORIAL ON BEHALF OF THE

APPELLANT
 TABLE OF CONTENTS

INDEX OF AUTHORITIES

TITLE PAGE

No.

Index of Authorities

 List of Abbreviations 4

 Table of Contents 5-7

 Books 7

 Websites 7

 Statutes 7

Statement of Jurisdiction 8

Statement of Facts 9

Summary of Arguments 11-12

Arguments Advanced 13-27

Prayer 28

LIST OF ABBREVIATIONS :-

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& And
A.P. Andhra Pradesh
AIR All India Report
Anr. Another
Bom CR Bombay Criminal Reporter
BPC Barat Penal Code
Cr.P.C. Code of Criminal Procedure
Cri LJ / Cr. LJ Criminal Law Journal
Del Delhi
Hon’ble Honorable
IPC Indian Penal Code
M.P. Madhya Pradesh
No. Number
Ori. Odisha
Ors. Others
r/w Read with
Retd. Retired
S./Sec. Section
SC Supreme Court
SCC Supreme Court Cases
St. State
U.P. Uttar Pradesh
u/s Under Section
v. Versus

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 INDEX OF AUTHORITIES

TABLE OF CASES:

1. AbhiramMukhi v. St. of Orissa, 1996 Cri LJ 2341

2. Aman Kumar v State of Haryana, AIR 2004 SC 1497

3. AniyanKunju&Ors v. St. of Kerela, 2008

4. Anuradha R Kshirsagar v. St. of Maharashtra, 1991 Cri LJ 411

5. Apparel Export Promotion Council v A.K. Chopra AIR 1999 SC 625

BOOKS :-

1. RatanlalandDhirajlal,TheIndianPenalCode,33rdEd.(2011)

2. P.S.A. Pillai(13th Ed. 2017)

3. Gaur, KD, Criminal Law: Cases and Materials, (6thEd. 2009)

4. Gupta and Dighe, Criminal Manual, (7thEd. 2007)

5. Kelkar, R.V. Criminal Procedure, (5th Ed. 2011)

WEBSITES :-

1. http://www.scconline.com

2. http://www.manupatrafast.com

3. http://www.findlaw.com

4. http://www.judis.nic.in

5. http://www.indiankanoon.com

STATUTES :-

1. The Competition Act, 2002.

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 STATEMENT OF JURISDICTION

The Hon’ble Court has the jurisdiction to try the instant matter under Sec. 53B(1)
of the Competition Act, 2002.

SECTION 53B(1) :

The Central Government or the State Government or a local authority or

enterprise or any person, aggrieved by any direction, decision or order referred to
in clause (a) of section 53A may prefer an appeal to the Appellate Tribunal.

The Counsels for the Appellant most respectfully submit to this jurisdiction
of the Moot Court.

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 STATEMENT OF FACTS

 This appeal has been filed against the order passed by the CCI stating that
neither the respondent was in a dominant position not there was a cartel in
existence under Competition Act, 2002.
1. Swamy Telecom (hereinafter referred to as Appellant) is a new emergent
in the Telecommunication services in Himasthan along with other
competitiors such as Marvelous Telecom Ltd., Stark Enterprise and Asgard
Telecommunications in the relevant market.
2. Later Mr. Harjeet Singh Who established a company in March 1957 in the
name of Infiinity Pvt. Ltd. This company started its business in various
sectors such as Petroleum, Electricity, Mining and transport. In January
2019, Mr. Harjeet Singh entered into field of Telecommunication by
establishing a subsidiary company and launched its services under the
name and style of Infinity Telecom(hereinafter referred to as respondent).
3. Some famous news portals contended that Mr. Harjeet Singh has made a
huge investment of INR. 50,000 crore(approximately ) to establish the said
telecom company(respondent). This initiative is said to be one of the
biggest startup in the world.
4. To gain 100 million subscribers in the relevant market in the shortest period
of time Mr. Harjeet singh also announced an introductory offer for INR 49
as SIM charges whereby all new subscribers of infinity telecom will get all
telecommunication services without any additional cost/recharge for next
three months till March 2019.
5. Infinity Telecom emerged as the first telecom operator which started
offering fully data centric services, entirely based on voice over long-term
evolution (VoLTE) technology which enables voice to carry over an
internet protocol (IP) network at a higher speed than earlier 2G and 3G
traditional networks at a lower cost. To avail these services, the users must
have a smartphone which supports 4G network., since Infinity Telecom
also started offering 4G compatible mobile handsets at a nominal cost of

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 Rupees 5000 per handset only. The base rate of internet service is Rs.5000
per GB whereas the respondent is offering the services free of cost for first
three months of subscription. Mr.Harjeet Singh in a news interview
contended that the company manages to survive in the market even after
providing free telecom services through the sale of smartphones.
6. The respondent has made a huge investment of 50,000 crore and offered to
provide all services free of cost for three months which was nothing more
than a demonstration of position of strength by the respondent which has
compelled every competitive service provider to reduce their prices for a
short period. Subsequently on 1st April 2019 the respondent launched
another offer for its new and existing subscribers by the name of Double
Dhamaal wherein it offers free telecom services with a capacity of 5GB
per user per day for three subsequent months i.e. till June 30 th 2019.
7. As per the recent reports published by the Telecom Regulatory Authority of Himasthan
released on 31st April, 2019, the subscriber base of telecom companies in Himasthan
was reported as Asgard Telecommunications stood first at 285 million followed by
Marvellous Telecom Ltd. at 208 million, Stark Enterprise Cellular at 191 million, and
Infinity Telecom at 114.9 million making respondent the fourth largest telecom
operator in Himasthan within a short span of time. Due to the respondent’s

introductory offer and the other players in the market including appellant
suffered huge loss of 50 million subscribers and INR 300 crore revenue.
8. From the case study of Mr. Raghav Daxi, a famous economist stated that
the subscribers are switching from the previous service providers to the
infinity telecom serives (respondent) because of its attractive price policy.
9. Aggrieved by the actions of the respondent, on the 20 th May, 2019 the
appellant filed a case against infinity telecom (respondent) in the
competition commission of Himasthan(hereinafter referred as CCI/
Commission) alleging that respondent has abused its dominant position
since its inception which led to huge loss of revenue suffered by the

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 emerging Telecom companies including the appellant itself. In reply to the
allegations made thereon Mr. Harjeet Singh stated in an open press
conference that infinity telecom (respondent) is not a dominant buy a
nascent entrant in the market, which is already ruled by the incumbants and
appellant. And their (respondent) free services are merely an attempt to
attract customer to establish their footing in the market.
10.Further on 30th May, 2019 the respondent surged its price for its services
by 100% and started providing a mere 2GB data per day per user for
INR600. Surprisingly on 30th May, 2019 other three gaint service providers
such as Marvellous Telecom Ltd., Asgard Telecommunications and Stark Enterprise
also surged their prices which they had initially reduced during the month
of March. At the time of hearing the appellant alleged that, since such
actions of giant service providers amounts to cartel under Competion Act,
2002. It was also alleged that the actions of respondent amounts to
predatory pricing and abuse of dominant position.
11. In light of given facts, the CCI passed a decision in favour of respondent
and held that it was never in a dominant position not there was a cartel in
existence.

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 STATEMENT OF PLEADINGS

1. whether the appeal is maintainable?

2. whether the infinity telecom is liable for the loss incurred to the other

telecom competitors in the relevant market due to its price policy?

3. Whether the infinity telecom enjoys a dominant position and is guilty of

predatory pricing?

4. Whether the actions of competitors such Marvellous Telecom Ltd., Asgard

Telecommunications and Stark Enterprise amounts to Cartel under Competition Act

2002. Whether CCI is the competent authority to decide cases on cartel?

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 SUMMARY OF ARGUMENTS

ISSUE – 1
1.

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 SUMMARY OF ARGUMENTS

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 ARGUMENTS ADVANCED

ISSUE – 1
1.

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 PRAYER
Therefore, in light of the issues raised, arguments advanced and authorities cited, may this

Hon‘ble Court be pleased to:

AND/OR

Pass any other order it may deem fit, in the interest of Justice, Equity and Good Conscience.

All of which is most humbly and respectfully submitted

Counsel for the Appellant

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