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 Act 2010 (the Act) was promulgated on October 13, 2010 {repealing Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance 1970}. According to the Act, Competition Commission of Pakistan (the CCP) was established (replacing Monopoly Control Authority).

The Act applies to all undertakings and all actions or matters that take place in Pakistan and distort competition within Pakistan. The Act 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.

Exemption

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.

Mergers and Acquisition

The Act 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.

Penalties

Contravention of the Act attracts legal proceedings and besides economic remedies provides for imposition of penalty upto seventy five million rupees (around USD 750,000) or an amount not exceeding 10% 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 10,000) 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 be imposed by the CCP.

The Act 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 Act.

Leniency

The Act 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 Act.

Appeals

Under the scheme of the Act, 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 Competition Appellate Tribunal and against the order of the Competition Appellate Tribunal may prefer an appeal to Supreme Court of Pakistan within sixty days.

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 Act 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’ 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.

• Making liaison with the concerned government authorities and industrial associations where necessary.

• Obtain clearance from the CCP.

• In case of denial by the CCP, regarding issuance of clearance, file appeal before the Appellate Bench of the CCP or Competition Appellate Tribunal, if so required.

• Pleading of the case before Appellate Bench of the CCP or the Competition Appellate Tribunal 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, or the Competition Appellate Tribunal.

Abuse of Dominant Position

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 Act, 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.

• Representing our clients in hearings before 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.

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 agreements.

• 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.

• Assisting our clients at the time of on-the-spot verification.

• Assist our clients in collection, tabulation, presentation, analyzing and interpreting the data and information in a meaningful manner in support of our clients’ pleas.

• Representing our clients in hearings before the CCP.

• Actively pursuing the case with the CCP.

• Attending 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 our clients up-to-date on all developments of the case.

Deceptive marketing practices

In this segment we provide following services:

• Preparation of a case of our clients being hurt from deceptive marketing practices by any of its competitors.

• Preparation of defense if a case of deceptive marketing 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 our clients up-to-date on all developments of the case.