Updated: Saturday May 10, 2014/AsSabt
Rajab 11, 1435/Sanivara
Vaisakha 20, 1936, at 10:03:16 AM
The Competition Ordinance,
2007
PART I
Acts,
Ordinances, President’s Orders and Regulations
GOVERNMENT
OF
MINISTRY
OF LAW, JUSTICE AND HUMAN RIGHTS
No.
2(1)/2007-Pub.-The following Ordinance promulgated by the President is hereby
published for general information:-
ORDINANCE NO. LII OF 2007
AN
ORDINANCE
to
provide for free competition in all spheres of commercial and economic activity
to enhance economic efficiency and to protect consumers from and competitive
behaviour
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
behaviour 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;
AND WHEREAS the National Assembly is not in
session and the President is satisfied that circumstances exist which render it
necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers
conferred by clause (1) of Article 89 of the Constitution of the Islamic
Republic of Pakistan, the President is pleased to make and promulgate the
following Ordinance:---
CHAPTER-I
PRELIMINARY
1. Short title, extent, application and
commencement.- (1) This Ordinance may be called the Competition Ordinance, 2007.
(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.
2. Definitions.- (1) In this Ordinance,
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 percent;
(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 merger, 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 consumer 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 Ordinance;
(n) “rules” means the rules made by the Federal Government under
this Ordinance;
(o) “service” means a service of any description whether
industrial, trade, professional or otherwise;
(p) “undertaking” means any natural or legal person, government
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;
(q) “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, and
(2) The
words and expressions used but not defined in this Ordinance 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 sub-section (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 or 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.- (1) 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 of this
Ordinance.
(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 or production, distribution or sale with regard to any
goods or the manner or means or 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; or
(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 sub-section (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 under sub-section (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; or
(c) impose
one or more additional condition 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 be notice in writing take any of
the steps mentioned in sub-section (1).
(3) Breach
of a condition has the effect of cancelling the exemption.
(4) Failure
to comply with an obligation allows the Commission, by notice in writing to
take any of the steps mentioned in sub-section (1).
(5) The
Commission may act under this section on its own initiative or on complaint
made by any person.
7. Block exemption.- (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 cancelling 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;
(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 shall-
(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-
(i) improving
production or distribution;
(ii) promoting
technical or economic progress, while allowing consumers a fair share of the resulting
benefit; or
(iii) 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 labelling 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 Ordinance 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 sub-section (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 be way of an order referred 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 sub-section (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 reasonable 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 sub-section (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 undertakings enter into legally
enforceable agreements specified by the Commission in its order.
(12) Where
an undertaking has consummated the merger without complying with the provisions
of sub-section (1) to sub-section (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 order of the Commission have not been fully complied with, the
Commission may after affording the undertakings concerned on opportunity of
being heard,-
(a) undo
such merger or acquisition; or
(b) prescribe
modifications or additions in the original order.
CHAPTER-III
COMPETITION COMMISSION OF
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 Ordinance, may enter into contracts and may acquire, purchase,
take, hold and enjoy moveable 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 moveable 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.
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, economic,
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 Ordinance or contravenes any of the provisions of this
Ordinance 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 as may be prescribed.
15. The Chairman- (1) The Chairman shall be the chief executive of the
Commission and shall, together with the other Members, be reasonable 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 the position of 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 Ordinance.
19. Termination of appointment of Members.- (1) Subject to sub-section (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 sub-section (6) of section 14.
(2) Unless
a disqualification referred to in section (1) arises from the judgment or order
of a court or tribunal or 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 defence.
(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.- (1) There shall be established a fund to be known as
the “CCP Fund” which shall vest in the Commission 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,---
(a) allocations
by the Government;
(b) charges,
fees and penalties 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;
(e) all
other sums which may in any manner become payable to or vested in the
Commission; and
(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
sub-section (1) together with a copy of the statement of accounts of the
Commission certified by the auditors and a copy of the auditor’s 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. Appointment 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 be 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 of 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 Ordinance, the Chairman may give direction regarding
the procedure to be followed at or in connection with any meeting of the
Commission.
25. Disclosure of interest by Members.- (1) For the purpose of this and the next following
section, a person shall be deemed to have an interest in a matter if he has any
interest, pecuniary or otherwise, in such matter which could reasonable be
regarded as giving rise to a conflict between his duty to honestly perform his
functions under this Ordinance 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 decides by the
Commission shall, prior to any discussion of the matter, disclose in writing,
to the Commission, the fact or his interest and the nature thereof.
(3) A
disclosure of interest under sub-section (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 sub-sections (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 sub-section (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 of 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 sub-section (1) shall also declare his interest in
accordance with the said sub-section 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 Ordinance 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 Ordinance and
make orders in cases of contravention of the provisions of the Ordinance;
(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 Ordinance;
(d) to
give advice to undertakings asking for the same as to whether any action
proposed to be taken by such undertaking is consistent with the provisions of
this Ordinance, rules or orders made thereunder;
(e) to
engage in competition advocacy; and
(f) to
take all other actions as may be necessary for carrying out the purposes of
this Ordinance.
(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 at 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 Ordinance 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 issue; 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 sub-section (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 he 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 sub-section (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 issue 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 sub-section (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
Ordinance, 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
Ordinance, 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 Ordinance, 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 Ordinance.
34. Power to enter and search premises.- (1) Notwithstanding anything contained in any
other law for the time being in force, the Commission shall have the power to
authorize any officer to enter and search any premises for the purpose of
enforcing any provision of this Ordinance.
(2) For
the purpose of sub-section (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 Ordinance.
(d) may,
where a 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 Ordinance.
(5) The
occupier of any premises or place to which access is sought under sub-section
(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 sub-section (2)
and (3) shall be signed for by the Commission or an authorized officer.
(7) Any
undertaking whose accounts, documents or computer have been impounded and
retained under sub-section (2) may examine them and make an extract or copy
from them during regular officer hours under such supervision as the Commission
may determine.
(8) 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.- (1) 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 sub-section (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 sub-section (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 sub-section (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 sub-section (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 Ordinance.
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 Ordinance.
(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 substantiate 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 sub-section (1) or sub-section (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.
CHAPTER-V
PENALTIES AND APPEALS
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 Ordinance;
(b) has
failed to comply with an order of the Commission made under this Ordinance;
(c) has
failed to supply a copy of the agreement or any other documents and information
as required under this Ordinance 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 the Ordinance, an amount not
exceeding fifty million rupees or an amount not exceeding fifteen percent of
the annual turnover of the undertaking, as may be decided in the circumstances
of the case by the Commission;
(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 (c) in sub-section (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 Ordinance shall be recoverable as provide in section
40.
(6) Notwithstanding
anything contained in this Ordinance 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
Ordinance, initiate proceedings in a Court of competent jurisdiction.
39. Leniency.- (1) 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 sub-section (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 sub-section (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 any one 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 such to the undertaking.
(3) Any
bank, receiver, District Revenue Officer or undertaking who has paid any sum in
compliance with a notice under sub-section (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 Ordinance.
(5) The
Commission may, by order, direct any bank, receiver, District Revenue Officer
or undertaking which is a defaulter as referred to in sub-section (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 wilfully failed to comply with the order of the Commission.
(6) For
the purposes of the recovery of the amount under sub-section (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.
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 sub-section (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 under 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 Supreme Court.
CHAPTER-VI
GENERAL
43. Common seal.- (1) The Commission shall have a common seal which
shall be kept in the custody of the Chairman or such other person as may be
authorised by the Chairman by regulations made by the Commission.
(2) Documents
required or permitted to be executed under seal shall be specified and
authenticated in such manner as shall be authorized by regulations.
44. Service of notices and other documents.- For the
purpose of this Ordinance 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.
45. Compensation.- (1) No undertaking shall be entitled to or be
paid any compensation or damages by the Commission for any loss or 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 Ordinance.
(2) Nothing
in sub-section (1) shall prevent an undertaking from recovering compensation or
damages from any other party for any loss or 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
Ordinance.
46. Indemnity.- Subject to
sub-section (3) of section 35, no suit, prosecution or other legal proceeding
shall lie against the Commission or any Member, officer or servant of the
Commission for anything in good faith done or intended to be done under this
Ordinance or any regulations or order made thereunder.
47. Agreement for exchange of information.- The Commission
may with approval of the Federal Government, enter into agreement with
competition agencies in any part of the world for the exchange and assistance
in performance of its function under this Ordinance.
48. 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 Ordinance.-
(a) all
offices and agencies of the Federal Government and Provincial Governments shall
supply free of cost or charges information requested by the Commission in the
discharge of its functions under this Ordinance; and
(b) the
State Bank of Pakistan, Securities and Exchange Commission of Pakistan, the
Central Board of Revenue, the Federal Bureau of Statistics and all regulatory
authorities shall arrange to provide requisite information as permissible under
their own laws to the Commission, from time to time, at its request in the
discharged of its functions under this Ordinance.
49. 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
or power on behalf of the Commission or to render services to the Commission in
the capacity of a consultant or adviser;
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 or
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 sub-section (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 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 sub-section (1) the disclosure of information as required or
permitted by any law for the time being in force in
(5) For
the purposes of sub-section (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 persons by a person whom the Chairman
authorizes for the purpose shall be taken to be authorized use and disclosure
of the information.
(7) The
Chairman may impose conditions to be complied with in relation to information
disclosed under sub-section (6).
(8) The
Chairman may delegate all or any of his functions and powers under sub-sections
(6) and (7) to a Member or an officer of the Commission.
(9) Nothing
in any of sub-sections (4), (5), (7) and (8) shall limit what may otherwise
constitute, for the purposes of sub-section (1), authorized use or disclosure
of information.
50. 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 Ordinance 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.
51. 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 Ordinance.
(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 sub-section (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.
52. 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.
53. Act not to apply to trade unions.- Nothing in the
Ordinance shall apply to trade unions or its member functioning in accordance
with the Industrial Relations Ordinance, 2002 (XCI 2002).
54. 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 Ordinance, and the Commission shall comply with such
directives.
55. Power to make rules.- (1) Subject to sub-section (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 purposes of this Ordinance.
(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.
56. Power to make regulations.- (1) Subject to sub-section (2) the Commission
may, by notification in the official Gazette, make such regulations as may be
required to carry out the purposes of this Ordinance.
(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.
57. 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.
58. Removal of difficulties.- If
any difficulty arises in giving effect to the provisions of this Ordinance, the
Commission may make such order not inconsistent with the provisions of this
Ordinance, as may appear to it to be necessary for the purpose of removing the
difficulty.
59. Repeals and savings.- On the
commencement of this Ordinance.-
(a) the
Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance,
1970 (V of 1970), hereinafter referred to as the repealed Ordinance, shall
stand repealed;
(b) the
Monopoly Control Authority established under the repealed Ordinance shall stand
dissolved;
(c) all
assets, rights, powers, authorities and privileges and property, movable and
immovable cash and bank balance, 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
Ordinance;
(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 Ordinance;
(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 the opinion 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 condition to be determined by that Division but not less favourable
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 Ordinance shall be deemed to have been incurred, entered into, acquired
or engaged to be done by, with or for the Commission, established under this
Ordinance, 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.
GENERAL,
PERVEZ MUSHARRAF,
President,
MALIK HAKAM KHAN,
Draftsman/Additional
Secretary,
The Competition (Leniency) Regulations,
2007
The Competition Commission
(General Enforcement) Regulations, 2007
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