JioStar, which has over 34% TV network share, had challenged the high court’s decision upholding the CCI’s order to probe allegations of abuse of dominant position by the broadcaster against Asianet Digital Network (ADN). The Kerala High Court bench comprised Justices Sushrut Arvind Dharmadhikari and Syam Kumar VM.
In the Supreme Court, JioStar was represented by senior counsel Mukul Rohatgi, while the CCI was represented by additional solicitor general N. Venkataraman.
“Having heard Mr. Mukul Rohatgi and having gone through the material on record, we find no good ground to interfere with the impugned order passed by the high court,” a bench of Justices JB Pardiwala and Sandeep Mehta said while dismissing the petition.
Incidentally, Viren and Akshay Raheja, both promoter shareholders in Reliance-controlled Hathway Cable, along with their family investment firm, Hathway Investments, are also shareholders in Asianet Satellite Communications, the holding company of ADN.
The matter dates to February 2022, when the CCI ordered a probe against JioStar, then Star India and owned by Walt Disney, following a complaint by ADN. Star has since merged with Reliance Industries-owned Viacom18 to form JioStar, which is controlled by Reliance.
ADN alleged abuse of dominant position and denial of market access, in violation of Sections 4(2)(a)(ii) and 4(2)(c) of the Competition Act, 2002, through alleged sham marketing agreements with Kerala Communicators Cable Limited (KCCL).Under TRAI’s New Tariff Order, broadcasters can offer a maximum discount of 35% of the MRP to distributors and are required to follow non-discriminatory and transparent pricing practices. ADN alleged that Star offered KCCL discounts of up to 50% by routing additional benefits through marketing and advertising agreements.
According to the complaint, these agreements were meant to promote Star’s Malayalam channel, which is also known as Asianet and commands over 60% viewership share in Kerala. However, the advertisements were aired on a low visibility ‘Test’ channel with negligible viewership.
ADN alleged that these arrangements resulted in discriminatory discounts, denial of market access, and an unfair advantage to KCCL.
While upholding a single bench judgment dated May 28, 2025, the Kerala High Court dismissed JioStar’s plea and directed the CCI to hear all stakeholders and pass a reasoned order.
The court also directed the CCI to first decide, as a preliminary issue, whether it has jurisdiction in view of the TRAI Regulations, 2017. If required, the CCI may defer the proceedings until TRAI examines the matter.
The entire exercise is to be completed within eight weeks from December 3, 2025, with liberty granted to seek an extension from the court.
