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5. In nutshell, the Informant is essentially aggrieved of the impugned conduct of OPs, as detailed in the Information and to be elaborated in the later part of this order, in collectively boycotting the production, supply, exhibition, distribution and technical development of Tamil and Telugu films in the State of Tamil Nadu as also for allegedly refusing to deal with several stakeholders in the film industry in Tamil Nadu. In the month of December, 2017, OP-4 is stated to have spearheaded a protest in respect of alleged high Virtual Print Fee (VPF) charged by the Digital Cinema Service Providers/Digital Service Providers (DCSPs/ DSPs) and called for an absolute industry wide ban on release of films from 01.03.2018. Subsequently a Joint Action Committee (JAC) of the Southern Indian Film Industry comprising inter alia OP-1 and OP-4 was constituted to resolve concerns primarily relating to VPF whereupon JAC issued a letter dated 01.02.2018 to Qube Cinema Technologies Pvt. Ltd. (Qube) requiring it and other digital service providers to meet with JAC and negotiate on concerns and issues and also stipulated that in case issues were not resolved prior to 07.02.2018, the entire South Indian Film Industry would stop screening films from 01.03.2018. The demands of JAC included deduction/ abolition of VPF levied by digital service providers. Even while negotiating with digital service provides, OP- 1 and OP-4 continued to issue press notes/ releases emphasising their decision to go on an indefinite strike to boycott/ ban not only screening of films in all theatres in Tamil Nadu from 01.03.2018 but also stop all production, shooting, promotional events, in the event their demands were not met. Amidst these discussions, around mid-February 2018, JAC issued a note to all South Indian Film Exhibitors, by way of which the JAC banned theatre operators/ exhibitors from entering into/ renewing agreements with digital service providers, until further communication from JAC. Pursuant to various meetings and in order to conclude the stalemate between film producers and digital service providers, in the first week of March, Qube and UFO (digital service providers) were compelled to offer a discount of 18%- 23% on VPF, which was subsequently accepted by JAC, and specifically by OP-4. OP-1, however, stuck to its unreasonable claim of abolition of VPF and pressurised producers to halt shooting, production and release of their films. Consequently, and in derogation of its previous agreement on the discounted VPF rates (as part of JAC), OP-1 boycotted digital service providers and theatre operators, holding the entire film industry in Tamil Nadu hostage.

27. As per the Information, in the Month of December 2017, OP-4 protested against alleged high VPF charged by the DSPs and called for an absolute industry-wide ban on release of films from 01.03.2018. Subsequently, a Joint Action Committee of the Southern Indian Film Industry, comprising OP-1 and OP-4 along with other associations related to film industry in southern states including South Indian Film Chamber of Commerce, Kerala Film Chamber of Commerce, Karnataka Film Chamber of Commerce and Telangana State Film Chamber of Commerce, was constituted to resolve concerns primarily relating to VPF.

30. The Informant stated that pursuant to various meetings between JAC and DSPs, Qube and UFO (prominent DSPs) agreed to offer a discount of 18%- 23% (depending upon the shelf life of films) on the VPF. However, OP-1 stuck to its claim for abolition of VPF. It is alleged that in order to arm-twist the DSPs into acceding to its demand, OP-1 pressurized its members to halt shooting, production and release of their films. Consequently, OP-1 boycotted the DSPs and theatre operators.

41. Before proceeding any further in the matter, it would be apposite to note the dates and events relating to the strike call given by the players including OP- 1 and OP-4. The same is reproduced from the DG Report hereunder:

06.02.2015 OP-1 letter requesting Qube to waive mastering charges 23.02.2015 Qube letter allowing three changes after mastering without cost 13.06.2015 OP-1 letter requesting Qube to reduce VPF charges 05.08.2015 Qube proposal on VPF charges 29.02.2016 OP-1 letter requesting Qube to revise the proposal 18.03.2016 Qube revised proposal to OP1 06.04.2017 OP-1 email from new office bearers requesting reduction in VPF 13.04.2017 Qube response with revised VPF rates 13.12.2017 Telugu Film Chamber of Commerce (TFCC) i.e. OP-4 announced an industry-wide shut down from March 1, 2018, to protest against high fees charged by DSPs like Qube and UFO 31.01.2018 • Joint meeting held in the Film Chamber, Film Nagar, Hyderabad • Members from Telugu Film Chamber of Commerce, Telangana State Film Chamber of Commerce, South Indian Film Chamber of Commerce, Tamil Film Producers Council, Karnataka Film Chamber of Commerce, Kerala Film Chamber of Commerce, and Kerala Distributors Association attended the meeting.