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  Antitrust & Competition
 
  Competition Law in Pakistan
   

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 Competition Ordinance 2007 (the Ordinance) was promulgated on October 02, 2007 {repealing Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance 1970}. According to the Ordinance, Competition Commission of Pakistan (the CCP) was established on November 02, 2007 (replacing Monopoly Control Authority).

The Ordinance shall apply to all undertakings and all actions or matters that take place in Pakistan and distort competition within Pakistan. The Ordinance prohibits:

» abuse of dominant position;
» restrictive agreements (cartels);
» deceptive marketing practices; and
» mergers which are likely to create a dominant undertaking or hurt competition in the relevant market.

The CCP can grant exemption with respect to a particular practice or agreement to the individual undertaking as well as to a group of undertakings in shape of block exemptions, if the agreement(s) is proved to substantially contribute to improving production or distribution, promoting technical or economic progress, allowing consumers a fair share of the resulting benefits and / or the benefits of that agreement clearly outweigh the adverse effect of absence or lessening of competition.

The Ordinance requires an undertaking that intends to acquire the shares or assets of another undertaking or to merge the whole or part of business of another undertaking, and meet the pre-merger notification threshold, to apply for clearance from the CCP of the intended merger.

Contravention of the Ordinance attracts legal proceedings and besides economic remedies provides for imposition of penalty upto fifty million rupees (around USD 850,000) or an amount not exceeding 15% of the annual turnover of the undertaking. For non-compliance of any order, notice or requisition of the CCP or making a false or inaccurate statement or interfering, impeding, obstructing the process of the CCP a penalty upto one million rupees (USD 17,000) may be imposed by the CCP. If the violation of the order of the CCP is continuing one recurring penalty of one million rupees per day may also imposed by the CCP.

The Ordinance empowers the CCP to enter, search and to make forcible entry in the premises of an undertaking for the purpose of enforcing any provision of the Ordinance.

The Ordinance provides leniency program under which any violator of the prohibited agreements and / or practices making a full and true disclosure in respect of the alleged violation may avail the opportunity of imposition of no or lesser penalty under the Ordinance.

Under the scheme of the Ordinance, in the first instance order shall be made by a single member bench comprising of a member or an authorized officer of the CCP. The person/undertaking aggrieved by such order may within 30 days of the passing of the order submit an appeal to the appellate bench, comprising of not less than two members of the CCP for redressal of his grievance. Any person/undertaking aggrieved by an order of the appellate bench may within 60 days of the communication of the order prefer appeal to the Supreme Court of Pakistan.
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  Our Services
   

We provide wide range of services covering every aspect of the Competition Law to safeguard the business interests of our local as well as international clients. We provide high quality professional services in this area ranging from advising our valued clients ways and means to comply with the relevant provisions of the law, protecting their interests through invoking the provisions of the law and pleading their case before the CCP to avoid any adverse action against our clients. Our services in this regard includes, but not limited to, the following:

» Mergers and Acquisitions
  In this segment we provide following services:

- Preparation of a comprehensive and convincing case (confidential as well as non-confidential version of the case) on behalf of and with the close coordination of our clients, in compliance with the relevant provisions of the Ordinance and the Merger Control Regulations, 2007, to be filed with the CCP
- Assist our clients in collection, tabulation, presentation, analyzing and interpreting the data and information in a meaningful manner in support of our clients’ pleas
- Continuously pursuing the case with the CCP in first phase and if required, in the second phase review by the CCP
- Attend meetings called on by the CCP to discuss the case and to provide explanation on the issues raised by the CCP
- In case inquiry is initiated by the CCP to verify certain information and seeking further documentary proof etc., assist our clients during the inquiry proceedings
- Obtain and review copies of documents from the Public Register, if required, to keep ourselves up-to-date on all developments of the case
- Prepare arguments against any comments filed with the CCP by stakeholders against our clients’ pre-merger application/case
- In case opportunity of hearing is given by the CCP, attend the hearing to effectively present and argue the stance of our client
- Obtain clearance from the CCP
- In case of denial by the CCP, regarding issuance of clearance, file appeal before the appellate tribunal of the CCP
- Pleading of the case before appellate bench of the CCP and performing relevant functions on behalf of our clients, as may be required, including attending hearings & submitting written arguments till the conclusion of the matter.
- Obtain order of the appellate bench.

» Abuse of dominant position / Monopolistic practices
  In this segment we provide following services:

- Preparation of a comprehensive and convincing case (confidential as well as non-confidential version of the case) on behalf of and with the close coordination of our clients, as a respondent or a complainant, in compliance with the relevant provisions of the Ordinance, Rules and Regulations.

- Assist our clients in collection, tabulation, presentation, analyzing and interpreting the data and information in a meaningful manner in support of our clients’ pleas
- Actively pursuing the case with the CCP
- Attend meetings called on by the CCP to discuss the case and to provide explanation on the issues raised by the CCP
- In case inquiry is initiated by the CCP to verify certain information and seeking further documentary proof etc., assist our clients during the inquiry proceedings
- Obtain and review copies of documents from the Public Register, if required, to keep ourselves up-to-date on all developments of the case
- Prepare arguments in rebuttal of any comments filed with the CCP by the opponent parties.
- In case opportunity of hearing is given by the CCP, attend the hearing to effectively present and argue the stance of our clients
- Obtain copy of the order passed by the CCP
- In case of unfavorable order passed by the single bench of the CCP, file appeal  before the appellate tribunal of the CCP
- Pleading of the case before appellate bench of the CCP and performing relevant functions on behalf of our clients, as may be required, including attending hearings & submitting written arguments till the conclusion of the matter.
- Obtain order of the appellate bench.

» Restrictive Agreements / Cartels
  In this segment we provide following services:

- Seeking individual or block exemptions from the CCP for our clients who have entered into alleged restrictive agreement
- Preparation of a case for our clients being hurt from a restrictive agreement/cartel
- Preparation of defense if an alleged cartel case is initiated against our clients
- Assist our clients in collection, tabulation, presentation, analyzing and interpreting the data and information in a meaningful manner in support of our clients’ pleas
- Actively pursuing the case with the CCP
- Attend meetings called on by the CCP to discuss the case and to provide explanation on the issues raised by the CCP
- In case inquiry is initiated by the CCP to verify certain information and seeking further documentary proof etc., assist our clients during the inquiry proceedings
- Obtain and review copies of documents from the Public Register, if required, to keep ourselves up-to-date on all developments of the case
- Prepare arguments in rebuttal of any comments filed with the CCP by the opponent parties
- In case opportunity of hearing is given by the CCP, attend the hearing to effectively present and argue the stance of our clients
- Evaluating the possibility of making use of leniency program and if desired by the clients availing the opportunity for the clients
- Obtain copy of the order passed by the CCP
- In case of unfavorable order passed by the single bench of the CCP, file appeal  before the appellate tribunal of the CCP
- Pleading of the case before appellate bench of the CCP and performing relevant functions on behalf of our clients, as may be required, including attending hearings & submitting written arguments till the conclusion of the matter.
- Obtain order of the appellate bench.

» Deceptive marketing practices
  In this segment we provide following services:

- Preparation of a case for our clients being hurt from deceptive marketing practices by any of its competitors
- Preparation of defense if a case of deceptive trade practices is initiated against our clients
- Assist our clients in collection, tabulation, presentation, analyzing and interpreting the data, information and evidence in a meaningful manner in support of our clients’ pleas.
- Actively pursuing the case with the CCP
- Attend meetings and public hearings called on by the CCP to discuss the case and to provide explanation on the issues raised by the CCP
- In case inquiry is initiated by the CCP to verify certain information and seeking further documentary proof or material evidence etc., assist our clients during the inquiry proceedings
- Obtain and review copies of documents from the Public Register, if required, to keep ourselves up-to-date on all developments of the case
- Prepare arguments against any comments filed with the CCP by the opponent parties
- In case opportunity of hearing is given by the CCP, attend the hearing to effectively present and argue the stance of our clients
- Obtain copy of the order passed by the CCP
- In case of unfavorable order passed by the single bench of the CCP, file appeal  before the appellate tribunal of the CCP

- Pleading of the case before appellate bench of the CCP and performing relevant functions on behalf of our clients, as may be required, including attending hearings & submitting written arguments till the conclusion of the matter.
- Obtain order of the appellate bench.
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