The Competition Commission (General Enforcement) Regulations, 2007

Updated: Saturday May 10, 2014/AsSabt Rajab 11, 1435/Sanivara Vaisakha 20, 1936, at 10:02:01 AM

The Competition Commission (General Enforcement) Regulations, 2007

COMPETITION COMMISSION OF PAKISTAN

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Islamabad, November 20, 2007

NOTIFICATION S.R.O. 1189(I) 2007

In exercise of the powers conferred by section 56 of the Competition Ordinance, 2007 (the Ordinance) read with sub-section (1) of section 40 thereof, the Competition Commission of Pakistan (the Commission), is pleased to make the following regulations, namely:---

PART – I

PRELIMINARY

1. Short title, commencement and jurisdiction.- (1) These regulations may be called the Competition (General Enforcement) Regulations, 2007.

(2) They shall come into force at once.

(3) These regulations shall apply to all such undertakings doing business in

Pakistan whether incorporated in Pakistan or not, which commit contravention or are likely to commit contravention of the prohibitions under Chapter II of the Ordinance and any other provisions in relation thereto under the Ordinance or the rules, regulations, directions and orders made there under.

2. Definitions.- (1) In these regulations, unless there is anything repugnant in the subject or context,---

(a) “applicant” means a party to a prohibited agreement who have filed an application under regulation 4;

(b) “application” means an application seeking exemption under these regulations;

(c) “Chairman” means the Chairman of the Commission appointed under sub-section (2) of section 14 and includes the Acting Chairman appointed under section 16 thereof;

(d) “Commission” means the Competition Commission of Pakistan established under section 12;

(e) “complainant” means an undertaking or a registered association of consumers filing a complaint or the Federal Government filing a reference under regulation 17;

(f) “confidential information” means commercial information the disclosure of which would, or might, in the opinion of the Commission, significantly harm the legitimate business interests of the undertaking to which it relates;

(g) “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by any other means, used or intended to be used for the purpose of recording that matter;

(gg) “Fee schedule” means the schedule notified under section 20(2) (b) of the Ordinance;

(h) “informant” means a person who furnishes information regarding contravention of provisions of the Ordinance of which cognizance is to be taken by the Commission;

(i) “inquiry officer” means an officer appointed by the Commission to enquire into any matter under these regulations;

(j) “intervener” means any person or undertaking permitted to intervene by the Commission in any proceedings under these regulations;

(k) “Ordinance” means the Competition Ordinance, 2007;

(l) “party” shall include complainant and an undertaking defined in clause (p) of section, 2 or the officer concerned of the department of the Commission conducting the relevant case, or any statutory authority, as the case may be, and shall include a respondent or respondents against whom a ny inquiry or proceeding is instituted or relief is sought to be made and shall also include any person permitted to join the proceedings or an intervener but does not include an informant;

(m) “person” includes an undertaking;

(n) “section” means section of the Ordinance;

(o) “working day” means a day which is not Saturday, Sunday or a public holiday;

(2) Words and expressions used in these regulations, but not defined herein shall have the meanings assigned in the Ordinance or the rules and regulations prescribed under the Ordinance.

Inserted vide SRO NO 1126(I)/2008 dated 30-10-2008

PART - II

EXEMPTION PROCEDURES

3. Who can apply.- (1) An application for grant of individual or block exemption pursuant to sections 5 and 72 shall not be made by any person except a party to the agreement;

provided that:---

(a) where the applicant is an individual, by the individual;

(b) where the applicant is a company or other body corporate, by a duly authorized officer of that company or body corporate;

(d) in case of any other entity, by an authorized representative of such entity.

(2) If a joint application is made, the application shall be regarded as being made to the Commission by or on behalf of all the applicants, and a joint representative shall be appointed duly authorized to act on behalf of all the joint applicants for the purposes of these regulations.

4. Form of application for exemption.- (1) Application under these regulations for the exemption of any agreement shall be on the Form as provided in the Schedule to these regulations.

(2) The Commission may, by giving notice to the applicant(s), dispense with the

obligation to submit any particular information or document (including any supporting document forming part of the prescribed Form, if it considers that such information or document is unnecessary for examination of the application.

(3) Where strict compliance with any part of the application is not possible, the Commission may allow that part of the application to be complied with in such other manner as it thinks fit.

(4) Every application shall be submitted in triplicate, or in such other number, as the Commission may require.

(5) An application received by the Commission under this regulation shall be recorded in the public register in such manner as the Commission deems expedient.

(6) No applicant shall make an application under sub-regulation (1) hereof unless it is accompanied by a processing fee as prescribed under the Fee Schedule 3. The

fee may be paid in the form of bank challan deposited with a branch of the authorized bank of the Commission or a bank draft 4 in favour of the Commission.

5. Power to call for information.- The Commission may call for any information or submission of a document in relation to the grant of exemption.

6. Power to refuse an application.- The Commission may refuse an application submitted under regulation 4, if,---

Amended vide SRO NO 1126(I)/2008 dated 30-10-2008

The Competition Ordinance, 2007

The Competition (Leniency) Regulations, 2007