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    Memorial Asia Debate

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    Abdul Moiz
    This document is the memorial submitted on behalf of the respondent Swamy Telecom in a case against Infinity Telecom before the National Company Law Appellate Tribunal. It contains the table of contents, statement of jurisdiction, statement of facts, summary of arguments, arguments advanced on various issues, and prayer. The case involves allegations of predatory pricing and abuse of dominant position against Infinity Telecom in the telecom sector. The respondent argues that the appeal is maintainable before the Tribunal and that CCI has jurisdiction to decide on allegations of cartelization. It further argues that Infinity Telecom enjoys a dominant position in the market and has engaged in predatory pricing practices in violation of competition laws.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Memorial Asia Debate

    Uploaded by

    Abdul Moiz
    256 views18 pages
    This document is the memorial submitted on behalf of the respondent Swamy Telecom in a case against Infinity Telecom before the National Company Law Appellate Tribunal. It contains the table of contents, statement of jurisdiction, statement of facts, summary of arguments, arguments advanced on various issues, and prayer. The case involves allegations of predatory pricing and abuse of dominant position against Infinity Telecom in the telecom sector. The respondent argues that the appeal is maintainable before the Tribunal and that CCI has jurisdiction to decide on allegations of cartelization. It further argues that Infinity Telecom enjoys a dominant position in the market and has engaged in predatory pricing practices in violation of competition laws.

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    This document is the memorial submitted on behalf of the respondent Swamy Telecom in a case against Infinity Telecom before the National Company Law Appellate Tribunal. It contains the table of contents, statement of jurisdiction, statement of facts, summary of arguments, arguments advanced on various issues, and prayer. The case involves allegations of predatory pricing and abuse of dominant position against Infinity Telecom in the telecom sector. The respondent argues that the appeal is maintainable before the Tribunal and that CCI has jurisdiction to decide on allegations of cartelization. It further argues that Infinity Telecom enjoys a dominant position in the market and has engaged in predatory pricing practices in violation of competition laws.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    256 views18 pages

    Memorial Asia Debate

    Uploaded by

    Abdul Moiz
    This document is the memorial submitted on behalf of the respondent Swamy Telecom in a case against Infinity Telecom before the National Company Law Appellate Tribunal. It contains the table of contents, statement of jurisdiction, statement of facts, summary of arguments, arguments advanced on various issues, and prayer. The case involves allegations of predatory pricing and abuse of dominant position against Infinity Telecom in the telecom sector. The respondent argues that the appeal is maintainable before the Tribunal and that CCI has jurisdiction to decide on allegations of cartelization. It further argues that Infinity Telecom enjoys a dominant position in the market and has engaged in predatory pricing practices in violation of competition laws.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 18

    TEAM - C

    SULTAN-UL-ULOOM COLLEGE OF
    LAW INTRA MOOT COURT
    COMPETITION 2020

    BEFORE THE NATIONAL COMPANY


    LAW APPELLATE TRIBUNAL

    INFINITY TELECOM (APPELLANT)


    V/S
    SWAMY TELECOM (RESPONDENT)

    MEMORIAL ON BEHALF OF THE


    RESPONDENT
    TABLE OF CONTENTS

    TITLE PAGE

    No.

    Index of Authorities

     List of Abbreviations 4

     Table of Contents 5-7

     Books 7

     Websites 7

     Statutes 7

    Statement of Jurisdiction 8

    Statement of Facts 9

    Summary of Arguments 11-12

    Arguments Advanced 13-27

    Prayer 28

    Page |2 MEMORANDUM FOR RESPONDENT


    INDEX OF AUTHORITIES

    LIST OF ABBREVIATIONS :-
    & And
    A.P. Andhra Pradesh
    AIR All India Report
    Anr. Another
    Bom CR Bombay Criminal Reporter
    BPC Barat Penal Code
    Cr.P.C. Code of Criminal Procedure
    Cri LJ / Cr. LJ Criminal Law Journal
    Del Delhi
    Hon’ble Honorable
    IPC Indian Penal Code
    M.P. Madhya Pradesh
    No. Number
    Ori. Odisha
    Ors. Others
    r/w Read with
    Retd. Retired
    S./Sec. Section
    SC Supreme Court
    SCC Supreme Court Cases
    St. State
    U.P. Uttar Pradesh
    u/s Under Section
    v. Versus

    Page |3 MEMORANDUM FOR RESPONDENT


    INDEX OF AUTHORITIES

    TABLE OF CASES:

    1. AbhiramMukhi v. St. of Orissa, 1996 Cri LJ 2341

    2. Aman Kumar v State of Haryana, AIR 2004 SC 1497

    3. AniyanKunju&Ors v. St. of Kerela, 2008

    4. Anuradha R Kshirsagar v. St. of Maharashtra, 1991 Cri LJ 411

    5. Apparel Export Promotion Council v A.K. Chopra AIR 1999 SC 625

    BOOKS :-

    1. RatanlalandDhirajlal,TheIndianPenalCode,33rdEd.(2011)

    2. P.S.A. Pillai(13th Ed. 2017)

    3. Gaur, KD, Criminal Law: Cases and Materials, (6thEd. 2009)

    4. Gupta and Dighe, Criminal Manual, (7thEd. 2007)

    5. Kelkar, R.V. Criminal Procedure, (5th Ed. 2011)

    WEBSITES :-

    1. http://www.scconline.com

    2. http://www.manupatrafast.com

    3. http://www.findlaw.com

    4. http://www.judis.nic.in

    5. http://www.indiankanoon.com

    STATUTES :-

    1. The Competition Act, 2002.

    Page |4 MEMORANDUM FOR RESPONDENT


    STATEMENT OF JURISDICTION

    The Hon’ble Court has the jurisdiction to try the instant matter under
    Sec. 53B(1) of the Competition Act, 2002.

    SECTION 53B(1) :

    The Central Government or the State Government or a local authority


    or enterprise or any person, aggrieved by any direction, decision or
    order referred to in clause (a) of section 53A may prefer an appeal to
    the Appellate Tribunal.

    The Counsels for the Respondent most respectfully submit to this


    jurisdiction of the Moot Court.

    Page |5 MEMORANDUM FOR RESPONDENT


    STATEMENT OF FACTS

    1. Mr. Harjeet Singh established a company in March 1957 in the name of


    Infiinity Pvt. Ltd. This company started its business in different in various
    sectors such as Petroleum, Electricity, Mining and transport. In January
    2019, Mr. Harjeet Singh entered into field of Telecommunication by
    establishing a subsidiary company and launched its services under the
    name and style of Infinity Telecom(hereinafter referred to as respondent).
    2. Mr. Harjeet Singh in his launching speech mentioned that he is hopeful
    that infinity Telecom i.e respondent will get 100 million subscribers in
    the shortest period of time. This initiative is said to be one of the biggest
    startup in the world. Subsequently he also announced an introductory
    offer INR 49 as SIM charges whereby all the new subscribers of infinity
    Telecom were to get all telecommunication services including voice call,
    internet data, roaming etc without any additional cost/recharge for the
    next three months till march 2019.
    3. Infinity Telecom emerged as the first telecom operator which started
    offering fully data centric services, entirely based on voice over long-
    term evolution (VoLTE) technology which enables voice to carry over
    an internet protocol (IP) network at a higher speed than earlier 2G and
    3G traditional networks at a lower cost. To avail these services, the users
    must have a smartphone which supports 4G network., since Infinity
    Telecom also started offering 4G compatible mobile handsets at a
    nominal cost of Rupees 5000 per handset only. The respondent manages
    to stay stable in the market after providing free telecom services through
    the sale of smartphones though the base rate of internet services is Rs.
    5000 per GB.
    4.

    Page |6 MEMORANDUM FOR RESPONDENT


    STATEMENT OF PLEADINGS

    1. whether the appeal is maintainable?

    2. State the jurisdiction of the Supreme Court.

    3. Whether the infinity telecom enjoys a dominant position and is guilty of

    predatory pricing?

    4. Whether CCI is the competent authority to decide cases on cartel?

    Page |7 MEMORANDUM FOR RESPONDENT


    SUMMARY OF ARGUMENTS

    ISSUE – 1
    1.

    Page |8 MEMORANDUM FOR RESPONDENT


    SUMMARY OF ARGUMENTS

    Page |9 MEMORANDUM FOR RESPONDENT


    ARGUMENTS ADVANCED

    ISSUE – 1
    1.

    P a g e | 10 MEMORANDUM FOR RESPONDENT


    P a g e | 11 MEMORANDUM FOR RESPONDENT
    P a g e | 12 MEMORANDUM FOR RESPONDENT
    P a g e | 13 MEMORANDUM FOR RESPONDENT
    P a g e | 14 MEMORANDUM FOR RESPONDENT
    P a g e | 15 MEMORANDUM FOR RESPONDENT
    P a g e | 16 MEMORANDUM FOR RESPONDENT
    PRAYER
    Therefore, in light of the issues raised, arguments advanced and authorities cited, may this

    Hon‘ble Court be pleased to:

    AND/OR

    Pass any other order it may deem fit, in the interest of Justice, Equity and Good Conscience.

    All of which is most humbly and respectfully submitted

    Counsel for the Appellant

    P a g e | 17 MEMORANDUM FOR RESPONDENT


    P a g e | 18 MEMORANDUM FOR RESPONDENT

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