Updated: Monday May 19, 2014/AlEthnien
Rajab 20, 1435/Somavara
Vaisakha 29, 1936, at 09:00:07 PM
The Competition Act, 2010
ACT NO. XIX OF 2010
An Act to provide for free competition in all spheres
of
commercial and economic activity to enhance
economic efficiency and to protect consumers
from anti-competitive behavior
[Gazette of
13th October, 2010]
No.F.22(30)/2009-Legis.,
dated 13-10-2010.--The following Act of Majlis-e-Shoora (Parliament) received
the assent of the President on the 6th October, 2010 and is hereby published
for general information:---
Whereas,
it is expedient to make provisions to ensure free competition in all spheres of
commercial and economic activity to enhance economic efficiency and to protect
consumers from anti-competitive behavior and to provide for the establishment
of the Competition Commission of Pakistan to maintain and enhance competition;
and for matters connected therewith or incidental thereto;
It
is hereby enacted as follows:---
CHAPTER I
PRELIMINARY
1.
Short title, extent, application and commencement.--(1) This Act may be called the
Competition Act, 2010.
(2) It extends to the whole of
(3) It shall apply to all undertakings and all actions
or matters that take place in
(4) It shall come into force at once.
CHAPTER I
PRELIMINARY
2.
Definitions.--(1)
In this Act, unless there is anything repugnant in the
subject or context,---
(a) “acquisition” means any
change of control of an undertaking by way of acquisition of shares, assets or
any other means;
(b) “agreement” includes any
arrangement, understanding or practice, whether or not it is in writing or
intended to be legally enforceable;
(c) “Chairman”
means the Chairman of the Commission and includes the Acting Chairman;
(d) “Commission”
means the Competition Commission of Pakistan established under section 12;
(e) “dominant position” of one
undertaking or several undertakings in
a relevant market shall be deemed to exist if such
undertaking or undertakings. have the ability to behave to an appreciable
extent independently of competitors, customers, consumers and suppliers and the
position of an undertaking shall be presumed to be dominant if its share of the
relevant market exceeds forty per cent;
(f) “goods” includes any item,
raw material, product or by-product which is sold for consideration;
(g) “Member” means a member of the Commission;
(h) “merger” means the merger, acquisition,
amalgamation, combination or joining of two or more undertakings or part thereof
into an existing undertaking or to form a new undertaking; and expression
“merge” means to merge, acquire, amalgamate, combine or join, as the context
may require;
(i)
“Minister” means the Federal Minister for
Finance and, in his absence, the Adviser to the Prime Minister on Finance;
(j) “Ordinance”
means the Companies Ordinance,
1984 (XLVII of 1984);
(k) “relevant market” means the market which shall be
determined by the Commission with reference to a product market and a
geographic market and a product market comprises all those products or services
which are regarded as interchangeable
or substitutable by the consumers by reason of the products’ characteristics,
prices and intended uses. A geographic market comprises the area in ‘which the
undertakings concerned are involved in the supply of products or services and
in which the conditions of competition are sufficiently homogeneous and which
can be distinguished from neighboring geographic areas because, in particular,
the conditions of competition are appreciably different in those areas;
(l)
“retailer”, in relation to the sale of any goods,
means a Person who sells the goods to any other person other than for re-sale;
(m) “regulations” means the
regulations made by the Commission under this Act;
(n) “rules” means the rules
made by the Federal Government under this Act;
(o) “service” means service of
any description whether industrial, trade, professional or otherwise;
(p) “Tribunal” means Competition Appellate
Tribunal under section 43 of the Act;
(q) “undertaking” means any natural or legal person,
governmental body including a regulatory authority, body corporate,
partnership, association, trust or other entity in any way engaged, directly or
indirectly, in the production, supply, distribution of goods or provision or
control of services and shall include an association of undertakings; and
(r) “wholesaler”,
in relation to the sale of any goods, means a person who purchases goods and
sells them to any other person for re sale;
(2)
The words and expressions used but not defined in this Act shall have the same
meanings respectively assigned to them in the Ordinance.
CHAPTER II
PROHIBITION OF ABUSE OF DOMINANT POSITION,
CERTAIN AGREEMENTS, DECEPTIVE MARKETING
PRACTICES AND APPROVAL OF MERGERS
3.
Abuse of Dominant Position.--(1) No person shall abuse dominant position.
(2) An abuse of dominant position shall be deemed to
have been brought about, maintained or continued if it consists of practices
which prevent, restrict, reduce or distort competition in the relevant market.
(3) The expression “practices” referred to in
subsection (2) shall include, but are not limited to,---
(a) limiting production, sales and unreasonable increases in price or other unfair
trading conditions;
(b) price discrimination by charging different prices for the same goods or
services from different customers in the absence of objective justifications
that may justify different prices;
(c) tie-ins, where the sale of goods or service is made conditional on the purchase
of other goods and services;
(d) making the conclusion of contracts subject to acceptance by the other parties
of supplementary obligations which by their nature or according to commercial
usage, have no connection with the subject of the contracts;
(e) applying dissimilar conditions to equivalent transactions on other parties,
placing them at a competitive disadvantage;
(f)
predatory pricing driving competitors out of a market,
prevent new entry, and monopolize the market;
(g) boycotting or excluding any other
undertaking from the production, distribution or sale of any goods or the
provision of any service; or
(h) refusing to deal.
4.
Prohibited Agreements.--(l) No undertaking or association of undertakings shall enter into any
agreement or, in the case of an association of undertakings, shall make a decision in
respect of the production, supply, distribution, acquisition or control of
goods or the provision of services which have the object or effect of
preventing, restricting, or reducing competition within the relevant market
unless exempted under section 5.
(2)
Such agreements include, but are not limited to,---
(a) fixing the purchase or selling price or imposing any other restrictive trading
conditions with regard to the sale or distribution of any goods or the
provision of any service;
(b) dividing or sharing of markets for goods or services, whether by’
territories, by volume of sales or purchases, by type of goods or services sold
or by any other means;
(c) fixing or setting the quantity of production, distribution or sale with regard to any goods or the manner or means of providing
any services;
(d) limiting technical development or investment with regard to the production,
distribution or sale of any goods or the provision of any service;
(e) collusive tendering or bidding for sale, purchase or procurement of any goods or
services;
(f)
applying dissimilar conditions to equivalent
transactions with other trading parties, thereby placing them at a
disadvantage; and
(g)
make the conclusion of contracts subject to acceptance
by the other parties of supplementary obligations which, by their nature or
according to commercial usage, have no connection with the subject of such
contracts.
(3)
Any agreement entered into in contravention of the provision in subsection (1)
shall be void.
5. Individual exemptions.--(1) The Commission may grant an exemption from
section 4, with respect to a particular practice or agreement, if a request for
an exemption has been made to it by a party to the agreement or practice and
the agreement is one to which section 9 applies.
(2) The exemption tinder subsection (1) may be granted
subject to such conditions as the Commission considers it appropriate to impose
and has effect for such period as the Commission considers appropriate.
(3) That period must be specified in the grant of the
exemption.
(4) An individual exemption may be granted so as to
have effect from a date earlier than that on which it is granted.
(5) On an application made in such a way as may be
specified by rules made under section 55, the Commission may extend the period
for which an exemption has effect; but, if the rules so provide, the Commission may do so only in specified
circumstances.
6. Cancellation etc. of individual
exemptions.--(1) If the Commission
has reasonable grounds for believing that there has been a material change of
circumstances since it granted an individual exemption, it may by notice in
writing,---
(a) cancel the exemption;
(b) vary
or remove any condition or obligation; c
(c) impose one or more additional conditions or obligations.
(2) If the Commission has reasonable suspicion that the
information on which it based its decision to grant an individual exemption was
incomplete, false or misleading in a material particular, the Commission may by
notice in writing take any of the steps mentioned in sub-section (1).
(3) Breach of a condition has the effect of canceling
the exemption.
(4) Failure to comply with an obligation allows the
Commission, by notice in writing to take any of the steps mentioned in
subsection (1).
5.
The Commission may act under this section on its own initiative or on complaint
made by any person.
7.
Block exemptions.--(1) If agreements which fall within a particular category of agreements
are, in the opinion of the Commission, likely to be agreements to which section 9
applies, the Commission may make a block exemption order giving exemption to such
agreements.
(2)
A block exemption order may impose conditions or obligations subject to which a
block exemption is to have effect.
(3)
A block exemption order may provide,---
(a) that
breach of a condition imposed by the order has the effect of canceling the
block exemption in respect of an agreement;
(b) that if there is a failure to comply with an
obligation imposed by the order, the Commission may, by notice in writing,
cancel the block exemption in respect of the agreement; and
(c) that
if the Commission considers that a particular agreement is not one to which
section 9 applies, the Commission may cancel the block exemption in respect of
that agreement.
(4)
A block exemption order may provide that the order is to cease to have effect
at the end of a period specified in the block exemption order.
8.
Block exemptions procedure.--(1) Before making a block exemption order, the Commission
must,---
(a) publish details of its proposed order in such a way
as the Commission thinks most suitable for bringing it to the attention of
those likely to be affected; and
(b) consider any representations about it which are made to the Commission.
(2)
A block exemption order may provide for a block exemption to have effect from a
date earlier than that on which the order is made.
9.
The criteria for individual and block exemptions.--(1) The Commission may grant
individual or block exemption in respect of an agreement, which substantially
contributes to,---
(a) improving production or distribution;
(b) promoting technical or economic progress, while allowing consumers a fair share of
the resulting benefit; or
(c) the
benefits of that clearly outweigh the adverse effect of absence or lessening of
competition.
(2)
The onus of claiming an exemption under this Act shall lie on the undertaking
seeking the exemption.
10. Deceptive marketing practices.--(1) No undertaking shall enter into deceptive
marketing practices.
(2)
The deceptive marketing practices shall be deemed to have been resorted to or
continued if an undertaking resorts to,---
(a) the
distribution of false or misleading information that is capable of harming the
business interests of another undertaking;
(b) the distribution of false or misleading information
to consumers, including the distribution of information lacking a reasonable
basis, related to the price, character, method or place of production, properties, suitability for
use, or quality of goods;
(c) false or misleading comparison of goods in the process of advertising; or
(d) fraudulent use of another’s trademark, firm name, or product labeling or packaging.
11. Approval of mergers.--(1) No undertaking shall enter into a merger which substantially lessens competition by
creating or strengthening a dominant position in the relevant market.
(2) Notwithstanding the provisions contained in the Act
where an undertaking, intends to acquire the shares or assets of another
undertaking, or two or more undertakings intend to merge the whole or part of
their businesses, and meet the pre-merger notification thresholds, stipulated
in regulations prescribed by the Commission, such undertaking or undertakings
shall apply for clearance from the Commission of the intended merger.
(3) The concerned undertakings shall submit a pre-merger
application to the Commission as soon as they agree in principle or sign a
non-binding letter of intent to proceed with
the merger.
(4) Application referred to in subsection (3) shall be in
the form and accompanied by a processing fee
as may be prescribed by the Commission. The concerned undertakings shall not
proceed with the intended merger until they have received clearance from the
Commission.
(5) The Commission shall by way of an order refer to in
section 31, decide on whether the intended merger meets the thresholds and the
presumption of dominance as determined in section 3. Such order shall be made within thirty days of receipt of the
application.
(6) If so determined, the Commission shall initiate a
second phase review and for that purpose the Commission may require the
concerned undertakings to provide such information, as it considers necessary
to enable the Commission to make the necessary determination.
(7)
Failure to make a determination within the prescribed period of thirty days for the first
phase review shall mean that the Commission has no objection to the intended
merger.
(8)
On initiation of the second phase review the Commission shall, within ninety
days of receipt of the requested information under subsection (6), review the
merger to assess whether it substantially lessens competition by creating or
strengthening a dominant position in the relevant market, and shall give its decision on
the proposed transaction. In case concerned undertakings fail to provide the
information requested, the Commission may reject the application.
(9)
Failure to render a decision within ninety days shall be deemed to mean that
the Commission has no objection to the intended merger.
(10)
If after the second phase review, the Commission determines that the intended
merger substantially lessens competition by creating or strengthening a
dominant position, it may nonetheless approve the transaction, if it is shown
that,---
(a) it
contributes substantially to the efficiency of the production or distribution
of goods or to the provision of services;
(b) such
efficiency could not reasonably have been achieved by a less restrictive means
of competition;
(c) the
benefits of such efficiency clearly outweigh the adverse effect of the absence
or lessening of competition; or
(d) it
is the least anti-competitive option for the failing undertaking’s assets, when
one of the undertakings is faced with
actual or imminent financial, failure:
Provided
that the burden of proof shall lie with the undertaking seeking the approval
(11)
In case the Commission determines that the transaction under review does not
qualify the criteria specified in subsection (10), the Commission may,---
(a) prohibit the consummation of the transaction;
(b) approve such transaction subject to the
conditions laid by the Commission in its order;
(c) approve such transaction on the condition that the said
(d) undertakings enter not legally enforceable agreements specified by the Commission in
its order.
(12) Where an undertaking has consummated the merger
without complying with the provisions of subsection (1) to subsection (4), the
Commission shall, after giving the undertaking an opportunity of being heard,
make appropriate orders under section 31.
(13) Where the Commission has granted approval subject
to conditions, the Commission may, within one year, review the order of
approval of merger on its own or on the application of the undertakings
concerned on the ground that it is satisfied that the
circumstances of the relevant market or the undertakings have so changed as to
warrant review of the conditions imposed.
(14) If the Commission determines that the approval was
based on false or misleading information submitted by the undertaking, or the
conditions prescribed in the relevant orders of the Commission have not been
fully complied with, the Commission may after affording the undertakings
concerned an opportunity of being heard,---
(a) undo
such merger or acquisition; or
(b) prescribe modifications or additions in the original order.
12.
Establishment of Commission.--(1) There is hereby established a Commission to be called
the Competition Commission of Pakistan.
(2) The Commission shall be a body corporate with
perpetual succession and a common seal, and may sue and be sued in its own name
and, subject to and for the purpose of this Act, may enter into contracts and
may acquire, purchase, take, hold and enjoy movable and immovable property of
every description and may convey, assign, surrender, yield up, charge,
mortgage, demise, reassign, transfer or otherwise dispose of or deal with any
movable or immovable property or any interest vested in it, upon such terms as
it deems fit.
(3) The Commission shall be administratively and
functionally independent, and the Federal Government shall use its best efforts
to promote, enhance and maintain the independence of the Commission.
CHAPTER III
COMPETITION COMMISSION OF
13.
Head office.---The head office of the Commission shall be in
14.
Composition of Commission.--(1) The Commission shall consist of not less than five and
not more than seven members:---
Provided
that the Federal Government may increase or decrease the number of Members,
from time to time, as it may consider appropriate.
(2)
The Members shall be appointed by the Federal Government and from amongst the
Members of the Commission, the Federal Government shall appoint the Chairman.
(3)
All Members of the Commission shall serve on a full time basis.
(4)
Not more than two Members of the Commission shall be employees of the Federal
Government.
(5)
No person shall be recommended for appointment as a Member unless that person
is known for his integrity, expertise, eminence and experience for not less
than ten years in any relevant field including industry, commerce, economics,
finance, law, accountancy or public administration:---
Provided
that the Federal, Government may prescribe qualifications and experience and
mode of appointment of such Members in such manner as it may prescribe.
(6)
No person shall be appointed or continued as a Member if he,---
(a) has
been convicted of an offence involving moral turpitude;
(b) has
been or is adjudged insolvent;
(c)
is incapable of discharging his duties by
reason of physical, psychological or mental unfitness and has been so declared by a registered medical practitioner
appointed by the Federal Government;
(d)
absents himself from three consecutive
meetings of the Commission, without obtaining leave of the Commission;
(e) fails to disclose any conflict of interest at or
within the time provided for such disclosure under this Act or contravenes any
of the provisions of this Act pertaining to unauthorized disclosure of
information; or
(f)
deemed incapable of carrying out his
responsibilities for any other reason.
(7)
No act or proceeding of the Commission shall be invalid by reason of absence of
a Member or existence of any vacancy among its members or any defect in the
constitution thereof.
(8)
No Member or officer of the Commission shall assume his office until he has
made such declaration affirming secrecy and fidelity.
15. The Chairman.--(l) The Chairman shall be the Chief Executive of
the Commission and shall, together with the other Members, be responsible for
the administration of the affairs of the Commission.
(2)
The Chairman may subject to such conditions as he may deem fit, from time to
time delegate all or any of his powers and functions to any of the Members.
16. The Acting Chairman.--At any time when the position of the Chairman is
vacant, or the Chairman is unable to perform his functions due to any cause,
the Federal Government shall appoint the most senior Member of the Commission
to be the Acting Chairman of the Commission until the appointment of a Chairman
on a regular basis.
17. Term of office.--The Chairman and Members of the Commission shall be
appointed for a term of three years on such salary, terms and conditions of
service as the Federal Government may by rules prescribe:---
Provided
that the Chairman and Members shall be eligible for re-appointment for such
term or terms but shall cease to hold office on attaining the age of sixty-five
years or the expiry of the term whichever is earlier.
18.
Restriction on employment of the Chairman and other Members in certain cases.--The Chairman and other Members
shall not, for a period of one year from the date on which they cease to hold
office, accept any employment in, or connected with the management or
administration of, any undertaking which has been a party to any investigation
before the Commission under this Act.
19.
Termination of appointment of Members.--(1) Subject to subsection (2), the appointment of any
Member or the Chairman may, at any time, be revoked and he may be removed from
his office by order of the Federal Government if it is found that such person
has become disqualified under subsection (6) of section 14.
(2) Unless a disqualification referred to in section
(1) arises from the judgment or order of a Court or tribunal of competent
jurisdiction under any relevant provision of applicable law, a Member or the
Chairman shall not be removed or his appointment revoked without an enquiry by
an impartial person or body of persons constituted in accordance with such
procedure as may be prescribed by rules made by the Federal Government and such
rules shall provide for a reasonable opportunity for the Member or the Chairman
to be heard in defense.
(3) A Member or the Chairman may resign his office at
any time by notice in writing addressed to the Federal Government.
(4) A vacancy in the Commission caused by the death,
resignation or removal of any Member or the Chairman shall be filled by the
Federal Government within thirty days of the occurrence of such vacancy.
20. Commission Fund.--(l) There shall be established a fund to be known
as the “CCP Fund” which shall vest in the Commission and shall be utilized by
the Commission to meet charges in connection with the functioning of the
Commission including payment of salaries and other remuneration to the
Chairman, Members, Officers, Officials, experts advisers, and consultants of
the Commission.
(2)
The Fund shall consist of,---
(a) allocations or grants by the Federal Government;
(b) charges and fees levied by the Commission;
(c) contributions from local and foreign donors or agencies with the approval of the
Federal Government;
(d) returns on investments and income from assets of the Commission; and
(e) all
other sums which may in any manner become payable to or vested in the
Commission;
(f)
a percentage of the fees and charges levied by other
regulatory agencies in
(3)
The Commission shall make regulations for incurring expenditures as well as
investments from the Fund.
(4)
The Commission may open and maintain accounts at such scheduled banks as it may
from time to time determine. The Commission may with the approval of the
Federal Government, open and maintain foreign currency accounts.
21. Accounts and audits.--(1) The Commission shall cause proper accounts to
be kept and shall as soon as practicable after the end of each financial year
cause to be prepared for that financial year a statement of accounts of the
Commission which shall include a balance sheet and an account of income and
expenditure.
(2)
Within sixty days after the end of each financial year, the annual financial
statements of the Commission shall be audited by the Auditor-General of
(3)
The auditors shall make a report to the Commission upon the balance sheet and
accounts and in such report they shall state whether in their opinion the
balance sheet is a full and fair balance sheet containing all necessary
particulars and properly drawn up so as to exhibit a true and correct view of
the affairs of the Commission and, in case they have called for any explanation
or information from the Commission, whether it has been given and whether it is
satisfactory.
22. Annual report.--(1) Within ninety days from the end of each
financial year, the Commission shall cause a report to be prepared on the
activities of the Commission (including investigations, advocacy activities,
enquiries and merger reviews made by the Commission) during that financial
year.
(2)
The Commission shall, within one hundred and twenty days of the end of each
financial year send a copy of the annual report of the Commission under
subsection (1) together with a copy of the statement of accounts of the
Commission certified by the auditors and a copy of the auditors’ report to the
Federal Government which shall cause them to be published in the official
Gazette and laid before both Houses of the Majlis-e-Shoora
(Parliament) within two months of their receipt.
23. Appointments by Commission.--(1) The Commission may appoint such officers,
officials, experts, advisers and consultants as it considers necessary to carry
out such functions as may be prescribed by the Commission with such powers and
on such terms and conditions as it may determine from time to time.
(2)
The Commission may by notification in the official Gazette, make regulations in
respect of the terms and conditions of service of its employees.
24. Meetings of Commission.--(1) Subject to this section, the Chairman may
convene such meetings of the Commission at such times and places as he
considers necessary for the efficient performance of the functions of the
Commission.
(2) The Chairman shall preside at every meeting of the
Commission, and in the absence of Chairman, the Members may elect a Member to
preside at the meeting.
(3) At any meeting of the Commission the quorum shall
be three Members.
(4) All questions arising at any meeting of the
Commission shall be determined by a majority of votes of the Members present
and voting.
(5) In the event of an equality of votes, the Chairman
shall have a casting vote.
(6) Subject to the provisions of this Act, the Chairman
may give directions regarding the procedure to be followed at or in connection
with any meeting of the Commission.
25. Disclosure of interest by Members.--(I) For the purpose of this and the next following
section, a person shall be deemed to have an interest in a matter it ‘he
has any interest, pecuniary or otherwise, in such matter which could reasonably
be regarded as giving rise to a conflict between his duty to honestly perform
his functions under this Act and such interest, so that his ability to consider
and decide any question impartially or to give any advice without bias, may reasonably
be regarded as impaired.
(2)
A Member having any interest in any matter to be discussed or decided by the
Commission shall, prior to any discussion of the matter, disclose in writing,
to the Commission, the fact of his interest and the nature thereof.
(3)
A disclosure of interest under subsection (2) shall be recorded in the minutes
of the Commission, prior to any discussion of, or decision on, the matter and,
after the disclosure, the Member,---
(a) shall not, save in the cases provided in
subsections (4) to (6), take part nor be present in any deliberation or
decision of the Commission; and
(b) shall be disregarded for the purpose of constitution of a quorum of the
Commission.
(4)
If a Member is not the Chairman and the Chairman becomes aware that a Member
has a conflict of interest, the Chairman shall,---
(a) if the Chairman considers that the Member should
not take part, or continue to take part, as the case may require, in
determining the matter, direct the Member accordingly; or
(b) in
any other case, cause the Member’s interest to be disclosed to the persons
concerned in the matter including any person whose application is pending
decision or adjudication by the Commission, the Member in respect of whom a
direction has been given under clause (a) shall comply with the direction.
(5)
If the Member is the Chairman, he shall disclose his interest to the persons
concerned in the matter including any person whose application is pending
decision or adjudication by the Commission.
(6)
Subject to subsection (4), the Chairman or the Member who has any interest in
any matter referred to in this section shall not take part, or continue to take
part, as the case may require, in determining the matter unless everyone
concerned in it consents to the Chairman or, as the case may be, the Member so
taking part.
26. Notification of interest by staff of
Commission.--(1) Where a person
who, in the course of,---
(a) performing a function, or exercising a power, as an officer of the Commission;
(b) performing functions or service as an employee; or
(c) performing a function or services in any capacity
by way to assisting or advising the Commission, or any officer of the
Commission, is required to consider a matter in which he has an interest, such
person shall forthwith give to the Commission a written notice stating that he
is required to consider the matter and has an interest in it and setting out
particulars of the interest.
(2)
The person referred to in subsection (1) shall also declare his interest in
accordance with the said subsection whenever it is necessary to avoid the
conflict of interest.
27. Officers and employees, etc., to be
public servants.--The Chairman,
Members, employees, experts, consultants and advisers of the Commission
authorized to perform any function or exercise any power under this Act shall
be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act
XLV of 1860).
CHAPTER IV
FUNCTIONS AND POWERS OF THE COMMISSION
28.
Functions and powers of the Commission.--(1) The functions and powers of the Commission
shall be,---
(a) to
initiate proceedings in accordance with the procedures of this Act and make
orders in cases of contravention of the provisions of the said Act;
(b) to
conduct studies for promoting competition in all sectors of commercial economic
activity;
(c) to
conduct enquiries into the affairs of any undertaking as may be necessary for
the purposes of this Act;
(d) to give advice to undertakings asking for the same
as to whether any action proposed to be taken by such undertakings is consistent with the provisions of this Act, rules
or orders made there under;
(e) to
engage in competition advocacy; and
(f)
to take all other actions as may be necessary for
carrying out the purposes of this Act.
(2)
The Commission may, subject to such conditions as it may think fit to impose,
delegate all or any of its functions and powers to any of its Members or officers as it
deems fit.
29. Competition advocacy.--The Commission shall promote competition through
advocacy which, among others, shall include,---
(a) creating awareness and imparting training about competition issues and taking
such other actions as may be necessary for the promotion of a competition
culture;
(b) reviewing policy frameworks for fostering
competition and making suitable recommendations for amendments to this Act and
any other laws that affect competition in Pakistan to the Federal Government
and Provincial Governments;
(c) holding open hearings on any matter affecting the
state of competition in Pakistan or affecting the country’s commercial
activities and expressing publicly an opinion with respect to the issues; and
(d) posting on its website all decisions made, inquiries under review and completed,
merger guidelines, educational material, and the like.
30.
Proceedings in cases of contravention.--(1) Where the Commission is satisfied, that
there has been or is likely to be, a contravention of any provision of Chapter
II, it may make one or more of such orders specified in section 31 as it
may deem appropriate. The Commission may also impose a penalty at rates
prescribed in section 38, in all cases of contravention of the provisions of
Chapter II.
(2)
Before making an order under subsection (1), the Commission shall,---
(a)
give notice of its intention to make such order stating the reasons therefore
to such undertaking as may appear to it to be in contravention; and
(b)
give the undertaking an opportunity of being heard on
such date as may be specified in the notice and of placing before the
Commission facts and material in support of its contention:---
Provided
that in case the undertaking does not avail the opportunity of being heard, the
Commission may decide the case ex-parte.
(3) The Commission shall publish its orders in the
official Gazette, for the information of the public.
(4) An order made under subsection (1) shall have
effect notwithstanding anything to the contrary contained in any other law for
the time being in force or in any contract or memorandum or articles of
association.
(5) Any order issued under this section shall include
the reasons on which the order is based.
31. Orders of the Commission.--The Commission may in the case of,---
(a) an abuse of dominant position, require the
undertaking concerned to take such actions specified in the order as may be
necessary to restore competition and not to repeat the prohibitions specified
in Chapter II or to engage in any other practice with similar effect; and
(b) prohibited agreements, annul the agreement or
require the undertaking concerned to amend the agreement or related practice
and not to repeat the prohibitions specified in section 4 or to enter into any
other agreement or engage in any other practice with a similar object or
effect; or
(c) a
deceptive marketing practice, require,---
(i)
the undertaking concerned to take such
actions specified in the order as may be necessary to restore the previous
market conditions and not to repeat the prohibitions specified in section 10;
or
(ii)
confiscation, forfeiture or destruction of
any goods having hazardous or harmful effect.
(d) A merger, in addition to the provisions contained
in section 11,---
(i)
authorize the merger, possibly setting forth the conditions
to which the acquisition is subject, as prescribed in regulations;
(ii) decide that it has doubts as to the compatibility of the
merger with Chapter II, thereby opening a second phase review; or
(iii) undo or prohibit the merger, but only as a conclusion
of the second phase review.
32.
Power to issue interim orders.--(1) Where, during the course of any proceeding under
section 30, the Commission is of opinion that the issuance of a final order in
the proceedings is likely to take time and that, in the situation that exists
or is likely to emerge, serious or irreparable damage may occur and an interim
Order is necessary in the public interest, it may, after giving the undertaking
concerned an opportunity of being heard, by order, direct such undertaking to
do or refrain from doing or continuing to do any act or thing specified in the
order.
(2)
An order made under subsection (1) may, at any time, be reviewed, modified or
cancelled by the Commission and, unless so cancelled, shall remain in force for
such period as may be specified therein but not beyond the date of the final
order made under section 31.
33. Powers of the Commission in relation
to a proceeding or enquiry.--(1)
The Commission shall, for the purpose of a proceeding or enquiry under this
Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908
(Act V of 1908), while trying a suit, in respect of the following matters,
namely:---
(a) summoning and enforcing the attendance of any witness and examining him on oath;
(b) discovery and production of any document or other material object producible as
evidence;
(c) accept evidence on affidavits;
(d) requisitioning of any public record from any Court or office; and
(e) issuing of a commission for the examination of any witness, document or both.
(2) Any proceeding before the Commission shall be
deemed to be a judicial proceeding within the meaning of sections 193 and 228
of the Pakistan Penal Code (Act
XLV of 1860), and the Commission shall be deemed to be a civil Court for
the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure,
1898 (Act V of 1898).
(3) The Commission may, for the purpose of a proceeding
or enquiry under this Act, require any undertaking:---
(a) to produce before, and to allow to be examined and
kept by, an officer of the Commission specified in this behalf, any books,
accounts, or other documents in the custody or under the control of the undertaking so required, being documents relating to
any matter the examination of which may be necessary for the purposes of this
Act; and
(b) to
furnish to an officer so specified such information in its possession, relating
to any matter as may be, necessary for the purpose of this Act.
34. Power to enter and search premises.--(1) Notwithstanding anything contained in any other
law for the time being in force, the Commission for reasonable grounds to be
recorded in writing shall have the power to authorize any officer to enter and
search any premises for the purpose of enforcing any provision of this Act.
(2)
For the purpose of subsection (1), the Commission,---
(a) shall have full and free access to any premises, place, accounts, documents or
computer;
(b) may
stamp, or make an extract or copy of any accounts, documents or computer-stored
information to which access is obtained under clause (a);
(c) may
impound any accounts or documents and retain them for as long as may be
necessary for the purposes of the Act;
(d) may, where hard copy or computer disk of
information stored on a computer is not made available, impound and retain the
computer for as long as is necessary to copy the information required; and
(e) may
make an inventory of any article found in any premises or place to which access
is obtained under clause (a).
(3)
Any officer of the Commission who seeks to exercise the right to enter and
search premises shall be required to provide evidence of his authority to act
on behalf of the Commission.
(4)
The Commission may authorize any valuer to enter any
premises or place to inspect such accounts and documents as may be necessary to
enable the valuer to make a valuation of an asset for
the purpose of this Act.
(5)
The occupier of any premises or place to which access is sought under
subsection (1) shall provide all reasonable facilities and assistance to ensure
the effective exercise of the right of access.
(6)
Any accounts, documents or computer impounded and retained under subsections
(2) and (3) shall be signed for by the Commission or an authorized officer.
(7)
An undertaking whose accounts, documents or computer have been impounded and
retained under subsection (2) may examine them and make an extract or copy from
them during regular office hours under such supervision as the Commission may
determine.
Explanation.--In this section, the expression “occupier”,
in relation to any premises or place, includes the owner, manager or any other
person found present on the premises or place.
35. Forcible entry.--(l) In the event that an undertaking refuses
without reasonable cause to allow the Commission to exercise the powers
contained in section 34, an investigating officer of the Commission may by
written order, signed by any two Members enter any place or building by force,
if necessary.
(2) Notwithstanding anything contained in subsection
(1), no investigating officer of the Commission shall enter any premises by the
use of force without a written order
of the Commission signed by two Members.
(3) If, on enquiry conducted in accordance with the
rules it is found that the exercise by an investigating officer of his power
under subsection (2) was vexatious, excessive or with mala-fide
intent such officer shall be dismissed from service, and shall be guilty of an
offence and shall be liable on conviction to a fine which may extend to five
hundred thousand rupees or to imprisonment for a term not exceeding one year or
both.
(4) Whenever a criminal court imposes a fine under
subsection (3) it shall, when passing judgment, order that a sum equal to the
whole or any part of the fine recovered, be paid to the person on whose
complaint the investigating officer was convicted, and in case the fine is not
recovered the sum shall be paid out of the Fund.
(5) Any sum paid under subsection (4) shall be without
prejudice to the right of the aggrieved person to avail any other remedies
available to him under the law but at the time of awarding compensation in any
subsequent proceedings relating to the, same matter the Court shall take into
account any sum recovered from the convict and paid to the aggrieved person.
36. Power to call for information relating
to undertaking.--Notwithstanding
anything contained in any other law for the time being in force, the Commission
may, by general or. special order, call upon an undertaking to furnish
periodically or as and when required any information concerning the activities
of the undertaking, including information relating to its organization,
accounts, business, trade practices, management and connection with any other
undertaking, which the Commission may consider necessary or useful for the
purposes of this Act.
37. Enquiry and studies.--(1) The Commission may, on its own, and shall upon
a reference made to it by the Federal Government, conduct enquiries into any
matter relevant to the purposes of
this Act.
(2) Where the Commission receives from an undertaking
or a registered association of consumers a complaint in writing of such facts
‘as appear to constitute a contravention of the provisions of Chapter II, it
shall, unless it is of opinion that the application is frivolous or vexatious
or based on insufficient facts, or is not substantiated by prima facie
evidence, conduct an enquiry into the matter to which the complaint relates.
(3) The Commission may outsource studies by hiring consultants
on contract.
(4) If upon the conclusion of an inquiry under
subsection (1) or subsection (2), the Commission is of opinion that the
findings are such that it is necessary in the public interest so to do it shall initiate proceedings under section 30.
38. Penalty.--(1) The Commission may by order direct any
undertaking or any director, officer or employee of an undertaking, to pay by
way of penalty such sum as may be specified in the order if, after giving the
undertaking concerned an opportunity of being heard, it determines that such
undertaking,---
(a) has
been found engaged in any activity prohibited under this Act;
(b) has
failed to comply with an order of the Commission made under this Act;
(c) has failed to supply a copy of ,the agreement or
any other documents and information as required under this Act or requisitioned
by the Commission;
(d) has furnished any information or made any statement
to the Commission which such undertaking knows or has reason to believe to
be false or found by the Commission to be
inaccurate; or
(e) knowingly abuses, interferes with, impedes, imperils, or obstructs the process of
the Commission in any manner:
Provided
that fair comments made in good faith and in
the public interest on the working of the
Commission or on any order of the Commission issued after the completion of any
proceedings, shall not be subject to the imposition of a penalty.
(2)
The Commission may impose penalties at the following rates, namely:---
(a) for a contravention
of any provision of Chapter II of this Act, an amount not exceeding fifty
million rupees or an amount not exceeding fifteen per cent of the annual
turnover of the undertaking, as may be decided in the circumstances of the case
by the Commission; or
(b) for non-compliance of any order, notice or
requisition of the Commission an amount not exceeding one million rupees, as
may be decided in the circumstances of the case by the Commission; and.
(c) for
clause (e) in subsection (1), an amount not exceeding one million rupees as may be decided in the
circumstances of the case by the Commission.
(3)
If the
violation of the order of the Commission is a continuing one, the Commission
may also direct the undertaking guilty of
such violation, shall pay by way of
penalty a further sum which may extend to one million rupees for every day
after the first such violation.
(4)
The Commission may,
with the approval of the Federal Government by notification in the official
Gazette, vary the rates and amount of the penalties as and when necessary in
the public interest.
(5)
Any penalty imposed under this Act shall be recoverable as provided in section
40.
(6)
Notwithstanding anything contained in this Act or any other law for the time
being in force, failure to comply with an order of the Commission shall constitute a
criminal offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty five million
rupees and the Commission may, in addition to, or in lieu of, the penalties
prescribed in this Act initiate proceedings in a Court of competent
jurisdiction.
CHAPTER-V
PENALTIES AND APPEALS
39.
Leniency.--(l)
The Commission may, if it is satisfied that any undertaking which is a party to
a prohibited agreement and is alleged to have violated Chapter II prohibitions,
has made a full and true disclosure in respect of the alleged violation, impose on
such undertaking a lesser penalty as it may deem fit, than that provided in
section 38.
(2) Any exemption from a penalty or imposition of a
lesser penalty shall be made only in respect
of an undertaking that is a party to a prohibited agreement which first made
the full and true disclosure under this section.
(3) The Commission may if it is satisfied that any
undertaking which has been granted lenient treatment under subsection (1)
failed to comply with the conditions on which a lesser penalty was imposed had
given false evidence, revoke the leniency provision and impose on the
undertaking the penalty provided under section 38.
40. Recovery of penalties.--(1) For the recovery of any amount from an
undertaking, the Commission may serve upon the concerned person or the chief
executive or director of the said undertaking, a copy of a notice
in the prescribed form requiring such person to pay the said amount within the
time specified in the notice.
(2)
If the amount referred to in the notice under subsection (1) is not paid within
the prescribed time, the Commission may proceed to recover the said amount from
the person or undertaking in default in anyone or more of the following
manners, namely:---
(a) attachment of immovable or sale of any movable property, including bank account of
the person or undertaking;
(b) appointment of a receiver for the management of the movable or immovable property of
the person or undertaking;
(c) recovery of the amount as arrears of land revenue through the District Revenue Officer;
(d) require any of the following, by notice in writing, the person to deduct and pay
the sum specified in the notice on or before such date as may be so specified,
namely:
(i)
from whom any money is due or may become due to the
undertaking;
(ii) who holds, or controls the receipt or disposal of
or may subsequently hold, or control the receipt or disposal of, any money
belonging to the undertaking or on account of the undertaking; or
(iii) who is responsible for payment of any sum to the
undertaking.
(3) Any bank, receiver, District Revenue Officer or
undertaking who has paid any sum in compliance with a notice under subsection
(2) shall be deemed to have paid such sum to the Commission in respect of the
undertaking, and the receipt of the Commission shall constitute a good and
sufficient discharge of the liability of such bank, receiver, District Revenue Officer
or undertaking to the extent of the sum referred to in such receipt.
(4) If any bank, receiver, District Revenue Officer or
undertaking on whom a notice is served, fails to attach, receive,
recover, deduct and pay, as the case may be, the amount specified in the said
notice, such bank, receiver, District Revenue Officer or undertaking shall be
treated as a defaulter and the amount specified in the said notice shall be
recoverable from him or it, as the case may be, by the Commission in accordance
with the provisions of this Act.
(5) The Commission may, by order, direct any bank,
receiver, District Revenue Officer or undertaking which is a defaulter as
referred to in subsection (4), to pay by way of penalty, such sum as specified
in the order, after giving to the bank, receiver, District Revenue Officer or
undertaking an opportunity of being heard, it determines that such bank,
receiver, District Revenue Officer or undertaking has willfully failed to
comply with the order of the Commission.
(6) For the purposes of the recovery of the amount
under subsection (2) the Commission shall have the same powers as a Civil Court
has under the Code of Civil
Procedure 1908 (Act V of 1908).
(7) The Commission may make rules regulating the
procedure for the recovery of amounts under this section and any other matters
connected with or incidental to the operation of this section.
(8) All penalties and fines recovered under this Act
shall be credited to the Public Account of the Federation.
41. Appeal to the Appellate Bench of the
Commission.--(1) An appeal shall lie to an Appellate Bench of the Commission in respect of an
order made by any Member or authorized officer of the Commission. The person
aggrieved by such order may, within thirty days of the passing of the order
submit an appeal, to the Appellate Bench of the Commission.
(2) The Commission shall constitute Appellate Benches
comprising not less than two Members to hear appeals under subsection (1).
(3) The decisions of the Appellate Bench shall be made
unanimously or by a majority of votes if the Appellate Bench comprises of more
than two members. In the event of a split verdict, the original order appealed
against shall hold and shall have effect as the final order of the Commission.
(4) No Member shall be included in an Appellate Bench
who has participated or been involved in
the decision being appealed against.
(5) The form in which an appeal is to be filed and the
fees to be paid therefore and other related matters shall be prescribed by
rules.
42. Appeal to the Court.--Any person aggrieved by an order of the Commission
comprising two or more Members or of the Appellate Bench of the
Commission may within sixty days of the communication of the order, prefer
appeal to the Competition Appellate Tribunal.
43. Competition Appellate Tribunal.---(1) As soon as may be within
thirty days of he commencement of this Act, the Federal Government shall
constitute the Competition Appellate Tribunal which shall consist of a
Chairperson who shall be a person who has been a Judge of the Supreme Court or
is a retired Chief Justice of a High Court and two technical members who shall
be persons of ability, integrity and have special knowledge and professional experience
of not less than ten years in international trade, economics, law, finance and
accountancy.
(2) The Chairperson
and members shall hold office for a period of three years and shall be eligible
for reappointment for a similar term and shall cease to hold office on
attaining the age of sixty eight years or the expiry of the term whichever is
earlier.
(3) The Chairperson
and the members shall be entitled to such salary and other terms and conditions
of service as the Federal Government may by rules prescribe.
(4) The Competition
Appellate Tribunal may, in consultation with the Federal Government, make rules
governing procedure in proceedings before the Tribunal.
(5) The Competition
Appellate Tribunal shall decide an appeal expeditiously within six months of
its presentation to the Tribunal.
44. Appeal to Supreme Court.--Any person aggrieved by an order of the
Competition Appellate Tribunal may prefer an appeal to Supreme Court within
sixty days.
CHAPTER - VI
GENERAL
45. Common seal.--(l) The Commission shall have a common seal which
shall be kept in the custody of the Chairman or such other person as may be
authorized by the Chairman by regulations made by the Commission.
(2) Documents required
or permitted to be executed under the seal shall be specified and authenticated
in such manner as shall be authorized by regulations.
46. Service of
notices and other documents.--For the
purpose of this Act any notice, requisition, letter or order required to be
served on an undertaking shall be treated as properly served on the
undertaking, if such service is made in the
manner prescribed for the service of a summons under the Code of Civil
Procedure, 1908 (V of 1908) or as may be prescribed by the Commission.
47. Compensation.--(1) No undertaking shall be entitled to or be paid any
compensation or damages by the Commission for any injury suffered on account of
the termination of any agreement or employment or the divestment of any share
or property or any other action taken in pursuance of any order made under this
Act.
(2) Nothing in
subsection (1) shall prevent an undertaking for any m recovering
compensation or damages from any other party loss or injury suffered on account
of the termination property or any other employment or the
divestment of made under this Act action taken in pursuance of any order made
under this Act.
48. Indemnity.-Subject subsection (3) of section 35 no suit, prosecution
or other legal proceeding shall lie
against the commission or nay member officer or servant of the commission for any thing in
good faith done or intended to be done under this Act or any regulations or
order made there under.
49. Agreement for
exchange of information.--The
Commission may, with approval of the Federal of the Government enter into
agreement with competition agencies in any part of the world for the
exchange and with competition agencies in any part assistance in performance of
its function under this Act.
50. Sharing and supply of information.--In order that information
relevant to the performance of its functions is available to the Commission and
for carrying out the purposes of this Act,---
(a) all
offices and agencies of the Federal Government and free of cost or charges,
information Provincial Governments shall supply requested by the
Commission in the discharge of its functions under this Act; and
(b) the State Bank of
Pakistan, Security and exchange commission of Pakistan board of revenue the
Federal Board of Statistics and all regulatory authorities shall arrange to provide
information as permissible under their own laws to the Commission, from time to
time, at its request in the discharge of its functions under this Act.
51. Obligation of confidentiality.-(1) Subject to this section, any
person who is or was at any time,---
(a) acting
as a Member of the Commission; or
(b) engaged
as an officer or employee of the Commission; or
(c) authorized
to perform or exercise any function or power of the Commission or any function
power on behalf of the commission or to render services to the Commission
adviser;
the disclosure of the
information to such persons by a person whom the Chairman authorizes for the
purpose shall be taken to be authorized use and disclosure of the information
shall not, except to the extent necessary to perform his official duties, or in
the performance or exercise of such a function or power, either directly or
indirectly, make a record of, or disclose-to any person, any information that
is or was acquired by him because of having been so appointed, engaged of
authorized, or make use of any such information, for any purpose other than the
performance of his official duties or the performance or exercise of that
function or power.
(2) Any person who
contravenes subsection (1) shall be guilty of an offence which shall be
punishable with imprisonment for a term which may extend to one year, or with
fine which may extend to one million rupees or with both.
(3) The Commission
shall take all reasonable measures to protect from unauthorized use or disclosure
of the information given to it in confidence in connection with the performance
of its functions or the exercise of its powers.
(4) For the purpose of
subsection (1) the disclosure of information as required or permitted by any
law for the time being in force in
(5) For the purposes
of subsection (1), the disclosure of information by a person for the purposes
of,---
(a) performing
his functions as,---
(i)
a Member or employee of the Commission; or
(ii) an officer, or employee or who is authorized to perform or
exercise a function or power of, or on behalf of, the Commission; or
(b) the
performance of functions or service by the person by way of assisting a Member
or an officer of the Commission, shall be taken to be
authorized use and disclosure of the information.
(6) Where the Chairman
is satisfied that any particular information,---
(a) may
enable or assist the Commission to perform or exercise any of its functions or
powers;
(b) may
enable or assist the Federal Government, or an agency of the Federal Government
to perform a function or exercise a power; or
(c) may enable or
assist the Federal Government, an agency of the Federal Government, or of a
foreign country to perform a function, or exercise a power, conferred by a law
in force in that foreign country, the disclosure of the information to such
person by a person whom the chairman authorized for the purpose shall be taken
to be authorized use and disclosure of the information.
(2) The Chairman may
impose conditions to be complied with in relation to information disclosed
under subsection (6).
(3) The Chairman may
delegate all or any of his functions and powers under subsections (6) and (7)
to a Member or an officer of the Commission.
(4) Nothing in any of
subsections (4), (5), (7) and (8) shall limit what may otherwise constitute,
for the purposes of subsection (1), authorized use or disclosure of
information.
52. Permitted disclosure.--Nothing in section 49 shall preclude a person
from,---
(a) producing
a document to a Court in the course of criminal proceedings or in the course of
any proceedings under this Act, the Act or any other law for the time being in
force;
(b) disclosing to a
Court in the course of any proceedings referred to in clause (a) any matter or
thing, that came under his or her notice in the performance of his or her
official duties or in the performance of a function or the exercise of a power
referred to in that section;
(c) producing
a document or disclosing information. to a
person to whom, in the opinion of the Commission, it is in the public interest
that the document be produced or the information be disclosed;
(d) producing a
document or disclosing information that is required or permitted by any law for
the time being in force in Pakistan or any other jurisdiction to be produced or
disclosed, as the case may be; or
(e) producing
a document or disclosing information to the Commission.
53. Assistance and advice to the Commission.--(1) The Commission may
seek the assistance of any person, authority or agency for the performance of
its functions under this Act.
(2) All officers of an
agency and any person whose assistance has been sought by the Commission in the
performance of its functions shall render such assistance to the extent it is
within their power or capacity.
(3) Subject to
subsection (3) of section 35, no statement made by a person or authority in the
course of giving evidence before the Commission
or its staff shall use against him or subject such person or authority to civil
or criminal proceedings except for prosecution of such person or
authority for giving false evidence.
54. Power to exempt.--The Federal Government may, by notification in the
official Gazette, exempt from the application of this Ordinance or any
provision thereof and for such period as it may specify in such
notification,---
(a) any
class of undertaking if such exemption is necessary in the interest of security
of the State or public interest;
(b) any practice or agreement arising out of and in
accordance with any obligation assumed by Pakistan under any treaty, agreement
or convention with any other State or States; or
(c) any
undertaking which performs a sovereign function on behalf of the Federal Government or a Provincial Government.
55. Act not to apply to trade unions.--Nothing in this Act shall apply to trade unions or
its members functioning in accordance with any law pertaining to trade unions
for the time being in force.
56. Powers of the Federal Government to
issue directives.--The Federal
Government may, as and when it considers necessary, issue policy directives to
the Commission, not inconsistent with the provisions of this Act, and the
Commission shall comply with such directives.
57.
Power to make rules.--(1) Subject to subsection (2), the Commission may, by notification in the
official Gazette, with the approval of Federal Government, make rules for all
or any of the matters in respect of which it is required to make rules or to
carry out the purpose if this Act.
(2)
The power to make rules conferred by this section, except for the first
occasion, shall be subject to the condition of previous publication and before
making any rules the’ draft thereof shall be published in the official Gazette
for eliciting public opinion thereon within a period of not less than thirty
days from the date of publication.
58. Power to make regulations.--(1) Subject to subsection (2), the Commissioner
may, by notification in the official Gazette, make such regulations as may be
required to carry out the purposes of this Act.
(2)
The power to make regulations conferred by this section, except for the first
occasion, shall be subject to the condition of previous publication and before
making any regulations the draft thereof shall be published in two newspapers
of wide circulation for eliciting public opinion thereon within a period of not
less than thirty days from the date of publication.
59.
Act to override other laws.--The provisions of this Ordinance shall have effect
notwithstanding anything to the contrary contained in any other law for the time being
in force.
60. Removal of difficulties.--If any difficulty arises in giving effect to the provisions
of this Act, the Commission may make such order, not inconsistent with the
provisions of this Act, as may appear to it to be necessary for the purpose of
removing the difficulty.
61. Repeals and savings.---On the commencement of this Act,---
(a) the
Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance,
1970 (V of 1970),
hereinafter referred to as the repealed Act, shall stand repealed;
(b) the
Monopoly Control Authority established under the repealed Act shall stand
dissolved;
(c) all assets, rights, powers, authorities and
privileges and property, movable and immovable, cash and bank balances, reserve
funds, investments and all other interests and rights in, or arising
out of such property and all debts, liabilities and obligations of whatever
kind of the Monopoly Control Authority subsisting immediately before its
dissolution shall stand transferred to and vest in the Competition Commission
of Pakistan established under this Act;
(d) no officer, employee, servant, or any other person
holding any post in connection with the affairs of the Monopoly Control
Authority shall have any right or lien to appointment to any post in the
Competition Commission of Pakistan established under this Act;
(e) officers, employees, servants, or any other person
holding any post in connection with the affairs of the Monopoly Control
Authority, not considered for appointment in the Commission shall have (he
option to be discharged from service on payment of admissible relieving
benefits or alternatively, their services shall be placed at the disposal of
the Finance Division’ for absorption on the terms and conditions to be
determined by that Division but not less favorable than those which they were
entitled to in Monopoly Control Authority, and unless sooner they are absorbed
elsewhere, they shall continue to draw their pay, allowances, privileges or
other benefits from the Commission as they were drawing while holding their posts
in the Authority;
(f)
save as otherwise provided in clause (c), all the debts and obligations
incurred or contracts entered into or rights acquired and all matters and
things engaged to be done by, with or for the Monopoly Control Authority before
the enforcement of this Act shall be deemed to have been incurred, entered
into, acquired or engaged to be done by, with or for the Commission,
established under this Act, as the case may be; and
(g)
all suits and other legal proceedings instituted by or
against the Monopoly Control Authority before the commencement of this
Ordinance shall be deemed to be suits and proceedings by or against the
Competition Commission of Pakistan as the case may be and may proceed and be dealt with
accordingly.
62. Validation of actions, etc.---Anything done, actions taken, orders passed,
instruments made, notifications issued, agreements made, proceedings initiated,
processes or communication issued, power conferred, assumed or exercised, by the Commission or its officers on or
after the 2nd October, 2007 and before the commencement of this Act, shall be
deemed to have been validly done, made, issued, taken, initiated, conferred,
assumed, and exercised and provisions of this Act shall have, and shall be
deemed always to have had, effect accordingly.
The Competition Commission
(Collection of Fees and Charges) Rules, 2009
The Competition Commission
(Extension in Exemption) Rules, 2007
The Competition Commission
(Salary, and Terms and Conditions of Chairman and Member) Rules, 2009
The Competition Commission
Enquiry (Conduct of Investigation Officer) Rules, 2007
The
Competition Commission (Appeal) Rules, 2007
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