All-India Film Employees Confederation, Affiliates Found Engaging in Anti-Competitive Practices [Read Order]

The Competition Commission of India, in the case of Vipul A Shah vs All India Film Employees Confederation, has found the All-India Film Employees Confederation (AIFEC), Federation of Western India Cine Employees (FWICE) & its affiliates and three producer associations i.e. Indian Motion Picture Producers Association (IMPPA), Film and Television Producers Guild of India (FTPGI) and Indian Film and Television Producers Council (IFTPC) to be in contravention of provisions of Section 3 of the Competition Act, 2002, which prohibits anti-competitive agreements.

The ​​final order was passed on information filed by Vipul Shah who alleged that specific provisions of the MoU dated 01.10.2010 signed between the FWICE and producer associations i.e. IMPPA, FTPGI, and IFTPC relating to member-to-member working, fixation of wages, charging for extra-shift, etc. were anti-competitive. The conduct of the FWICE and its affiliated craft associations in enforcing these provisions was also alleged to be anti-competitive.

The CCI found Clause 6, which mandated that the producer can only engage with the members of FWICE and its affiliates, and Clause 18, which provided for the constitution of vigilance committee to enforce Clause 6, of the MoU as violative of Section 3(3)(b) read with Section 3(1) of the Act. Further, the directive to engage dancers/fighters in the ratio of 70:30 was also found to be in contravention of Section 3(3)(c) read with Section 3(1) of the Act. Clauses relating to fixation of wages, payment for extra shift, etc. were not found to be anti-competitive.

The CCI also noted in its order that trade unions enjoy no immunity or exemption for their conduct which contravenes the provisions of the Act and accordingly, the plea of the trade unions being governed only by the provisions of Trade Union Act, 1926, was rejected.

It issued a cease and desist order against the associations in respect of the conduct found to be in contravention of the Act. However, no monetary penalty was imposed on any of the associations.