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Nothing wrong with TRAI seeking information to ensure transparency; SC directs Airtel, Vodafone Idea to disclose segmented offers details to TRAI

Supreme Court: The 3-judge bench of SA, Bobde, CJ* and AS Bopanna and V. Ramasubramanian, JJ has directed telecom giants Bharti Airtel and Vodafone-Idea to disclose information/details regarding segmented offers to TRAI. It asked TRAI to ensure that such information is kept confidential and is not made available to the competitors or to any other person.

Facts leading to this order

The TSPs argued before the Court that segmented offers constitute “confidentially designed trade practices” and the same has been recognised by TDSAT in it’s order. However, at the same time TDSAT allowed TRAI to seek the number of segmented offers made available to their existing customers, along with a declaration that the principles of non-discrimination were being followed. According to the TSPs, they are complying with the said direction.

TRAI, on the other hand, submitted before the Court considering the number of segmented offers provided by TSPs from January, 2019 to December, 2019 in various states, the details of these offers are not even disclosed to TRAI and that therefore, despite being a regulator, TRAI is not in a position to analyse whether the plans are transparent and non-discriminatory and whether predatory pricing is resorted to by TSPs in the garb of segmented offers or not. It was contended that the TSPs are under a statutory obligation to offer tariffs in a transparent and non-discriminatory manner and to report all tariffs to the authority.

Considering the facts and circumstances, the Court said that that the information being sought by TRAI to ensure adherence to the regulatory principles of transparency, non-discrimination and non-predation, cannot be said, at least prima facie to be either illegal or wholly unjustified.

[Telecom Regulatory Authority of India v. Bharti Airtel Ltd., 2020 SCC OnLine SC 910, order dated 06.11.2020]


*Justice SA Bobde, Chief Justice of India has penned this order

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