High Court
NTO 2.0 update: Broadcasters conclude their argument before Bombay HC
KOLKATA: As the ongoing legal battle between broadcasters and the Telecom Regulatory Authority of India(TRAI) in Bombay High Court nears its ending, the broadcasters have concluded their argument.
On 18 September, the solicitor general will open for TRAI before the court. TRAI chairman R S Sharma said earlier that non-implementation of NTO 2.0 will bring back discriminatory practices and create a regulatory vacuum. He said that the tariff order has brought the perfect balance between consumer choice and industry benefits.
Sharma mentioned that while it has given new power to the consumers to watch channels of their own choice, it has provided broadcasters the liberty to decide the pricing of their channels, distributors to have an independent source of revenue through network capacity fees.
Earlier during a hearing on 2 September, senior advocate Harish Salve argued that NTO 2.0 contradicts provisions of the Indian constitution that guarantees the freedom of speech and expression to all citizens.
Amid Covid2019 pandemic, TRAI directed the broadcasters on 24 July to comply with the new amendments by 10 August, which created another round of tension and the broadcasters went back to Bombay High Court. The High Court ordered TRAI to not take any coercive action against the stakeholders until the verdict comes out.
High Court
Court defers Madison–CCI case to May 11
Interim relief continues as Centre seeks time to respond
NEW DELHI: The legal face-off between Madison Communications Pvt. Ltd. and the Competition Commission of India has been pushed to May 11, 2026, after the Union Government failed to file its response to the agency’s petition. The Delhi High Court granted the Centre a final two weeks to submit its affidavit, making it clear that any further delay could invite an adverse inference.
For now, the interim relief granted earlier will remain in place. This means the CCI cannot take any coercive steps against Madison or its senior executives until the matter is heard again, offering the agency temporary breathing room.
The dispute stems from a wide-ranging antitrust probe launched by the CCI into alleged cartelisation in the advertising industry. In March 2025, the regulator carried out raids on multiple agencies, including Madison, after receiving a leniency application from rival firm Dentsu. The watchdog suspects that agencies coordinated media rates and discounts through private groups, potentially breaching competition law.
Madison has challenged the investigation in court, questioning both its legality and procedure. The agency claims that its chairman Sam Balsara and executive director Vikram Sakhuja were questioned for nearly 20 hours without access to legal counsel and in the presence of armed personnel. It has also argued that the focus of the probe is misplaced, contending that the Indian Society of Advertisers’ Model Agency Agreement, rather than agency conduct, is what constrains competition by limiting margins.
Further, Madison alleges that the CCI did not provide a proper search memo or a detailed inventory of the digital data seized during the raids, raising concerns about due process.
With the interim protection extended, the spotlight now shifts to the Union Government. Its response over the next fortnight will determine whether the investigation regains momentum or faces deeper judicial scrutiny.
