Supreme Court refuses to entertain JioStar plea against CCI probe into abuse of dominant position in Kerala

This was challenged before the Kerala High Court, where a single judge, by order dated May 28, 2025, upheld CCI’s decision. The single bench held that the argument that alleged violations of the Telecom Regulatory Authority of India Regulations, 2017, must be decided exclusively by TRAI as the sectoral regulator was not tenable.

The dispute arose after the enactment of the TRAI Regulations, 2017, which prescribed a maximum retail price for each paid channel. The TRAI Regulations, 2017, required broadcasters to deal with distributors on a non- discriminatory basis. Regulations 3(2), 7(3), and 7(4) mandate that the broadcaster not provide cumulative discounts of more than 35 per cent to any distributor and that the treatment be extended to all distributors in the region on a common plane.

ADNPL alleged that “special discounts of more than 50% were being offered by SIPL to KCCL and other competitor MSOs (Multi System Operators) and business entities”. “These discounts were…offered in the form of promotional and advertisement payments to KCCL by introduction of test channels on which promotional content and advertisements were to run round the clock, with payments being made to KCCL by SIPL.”

“ADNPL suffered a colossal loss/ migration of its subscriber base, which fell steeply within a short span of 5-6 months. The cost content for ADNPL increased manifold for offering services to subscribers and LCOs at a price higher than the price at which services were offered by KCCL.”

On appeal, the Supreme Court held that CCI is “entitled under law to proceed further with the matter…and that ADNPL cannot be relegated to raise its dispute or grievance before the TRAI.”

The division bench said it does not find any “fault or any error, much less perversity in the view taken” by the Kerala High Court single bench, which asked the CCI to complete the probe within 8 weeks from the date of the order.