SC Directed Bharti Airtel and Vodafone Idea to Disclose Info on Segmented offers with TRAI

SC Directed Bharti Airtel and Vodafone Idea to Disclose Info on Segmented offers with TRAI

The Supreme Court on Friday upheld Telecom Regulatory Authority of India's (TRAI) plea seeking details from Bharti Airtel Ltd and Vodafone Idea Ltd on segmented tariff or specific offers for some of their customers.

Three judges bench comprising of Hon'ble Chief Justice SA Bobde, Justice AS Bopanna and Justice V Ramasubramanian, observed that the TRAI was within its power to seek details from the telecoms. It held that the information sought by the regulator was valid as it was kept in light of principle of transparency and non-discrimination, and was not prima facie illegal or unjustified.

Bharti Airtel and Vodafone Idea had earlier opposed TRAI's order seeking information, citing confidentiality and stating that the details do not qualify as tariff orders. The telecom majors had earlier approached the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), which ruled in favour of the companies.

Earlier, TRAI had issued a general order for making it mandatory for all telecom companies to report all such information and offers, but the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) had scrapped that order. This prompted TRAI to file an appeal against the TDSAT order before the Supreme Court, which had earlier refused to stay the verdict.

In its appeal, TRAI persuaded details regarding the segmented or specific offers made by the telecom companies to their subscribers from Bharti Airtel and Vodafone Idea. However, later the plea was opposed by Bharti Airtel and Vodafone Idea as they contended on the ground that it would violate their commercial confidentiality and will help their rivals to steal their respective subscribers.

Rival Reliance Jio Infocomm Ltd and state-owned mobile operators have complied with Trai's order. The regulator was approached by Mukesh Ambani-led Reliance Jio which had complained about the offers being made by Vodafone and Airtel for a limited set of customers.

Appearing on behalf of TRAI, Solicitor General Tushar Mehta stated that neither can telecom companies cannot create a special class of consumers nor can they make discriminatory or anti-competitive offers.

Mr. Mehta claimed that the operators should not act till the court takes a decision on the TRAI's appeal against the TDSAT order which had ruled against the regulator that the regulator had no power to call for such general information from carriers.

Appearing on behalf of Bharti Airtel, Senior Advocate Aspi Chenoycontended that as soon as the information will be revealed, it will act as aid to the rivals to steal their subscribers because of the information would be publicly available.

The Apex Court after examining all the facts directed Bharti Airtel and Vodafone Indea to submit details regarding the segmented offers to the Telecom Regulatory Authority of India. However, the Court remarked, "it is the dutyand responsibility of TRAI to ensure that such information is kept confidential and is not made available to the competitors or to any other person."