The Informant alleged that the Opposite Party ('OP'), M/s Benett Coleman and Company Limited which publishes 'The Times of India' made available the Mumbai edition of 'The Times of India' in a combo offer with 'Mumbai Mirror' or 'The Economic Times' or 'Maharashtra Times' at a selling price of INR 7. It was alleged that in the combo offer, the newspaper vendors in Mumbai are selling the 'Times of India' only with the 'Mumbai Mirror' and refusing to sell 'The Times of India' along with 'The Economic Times' or 'Maharashtra Times' stating that they sell as per the supply made by OP. The Informant alleged that the said act of the OP amounts to their support to the errant newspaper vendors who are refusing to sell the said newspaper as per the said offer and compelling the buyers to buy the unwanted newspaper in violation of Section 4(2)(a)(i) of the Competition Act, 2002 ('Act'). The CCI observed that all newspapers available in the combo offer including 'Times of India', 'Mumbai Mirror', 'The Economic Times' and 'Maharashtra Times' are also available separately at their respective selling prices in Mumbai and therefore the consumers have the choice to either purchase the newspapers in the combo offer or to purchase each newspaper separately. Further, the CCI noted that if some vendors are not providing 'The Economic Times' or 'Maharashtra Times' along with 'Times of India' in the combo offer, then it cannot be said that the OP is responsible for the conduct of the vendors. In view of the same, the matter was closed under Section 26(2) of the Act.
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