CTVN and Channel 10 telecasted Mahabharat TV serial in dubbed form in Bangla language in the State of West Bengal. The co-ordination committee comprising film and TV entities in the State banned the telecast of the dubbe

The given case is similar to the case of 'Competition Commission of India v. Co-ordination Committee of Artists and Technicians of W.B. Film and Television & Ors' [SC] Civil Appeal No. 6691 of 2014 [Decided on 07/03/2017]. An agreement referred to in Section 3 of the Competition Act, 2002 has to relate to an economic activity which is central to the competition law. Economic activity refers to any activity consisting of offering products in a market regardless of whether the activities are intended to earn a profit. The "agreement" or "concerned practice" is the means through which enterprise or association of enterprises or person or association of persons restrict competition. The functional approach and the corresponding focus on the activity, rather than the form of the entity may result in an entity being construed an enterprise when it engages in some activities, but when it engages in others. Non-profit making organizations or public bodies may of turn operate in their charitable or public activity but may be construed an undertaking when they engage in commercial activities. Coordination Committee, which is engaged in activities which are not charitable. It is engaged in economic activities on behalf of the film and TV artists. In action in banning the dubbed TV serial amounts to an "infringement" under the Competition Act, 2002. The Commission Committee, which may be a "person" as per Section 2(l) of the Competition Act, 2002, is not undertaking any economic activity by itself. But the Commission Committee is an association of enterprises (constituent members) and these members are engaged in production, distributions, and exhibition of films. Thus the Commission Committee amounts to an "enterprise" or the kind of 'association of persons' as per the Section 3 of the Act.