The Supreme Court of India today (February 24) dismissed a Public Interest Litigation (PIL) seeking regulation of internet prices in India, stating that consumers have multiple service options in a free market. The bench, comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, granted liberty to the petitioner to explore alternative statutory remedies, according to a report by LiveLaw.
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Free Market Prevails
The petitioner-in-person argued that despite other service providers, Reliance Jio dominates the market with an 80 percent share. However, CJI Khanna emphasised the availability of multiple options, including wired and BSNL/MTNL services.
"It's a free market, you get LAN, you get wired internet, there is other internet, BSNL and MTNL is also giving you internet," the CJI reportedly pointed out.
Argument on Market Dominance
"They are giving, but see the market share your lordship- 80 percent of the market share is with Jio (Reliance)," the petitioner reportedly responded.
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Approach the Competition Commission of India
According to the report, the CJI, however, interjected, saying: "No please, then go to the Competition Commission of India..."
Advising the petitioner to approach the Competition Commission of India (CCI) for concerns regarding market dominance, the bench ruled: "We are not inclined to entertain the present petition under Article 32 of the Constitution of India, petition is dismissed. We however clarify that in case the petitioner wants to take any recourse to appropriate statutory remedy he is at liberty to do so, we make no comments in this regard."
With this ruling, the Court reaffirmed the market-driven nature of internet services in the country.
