Law:

Section:

(a) Competition Act (XIX of 2010)-- ---S. 10---Deceptive marketing practices---Effective system of checks against deception in marketing---Significance---Deceptive marketing practices by shaping the standards and values that determined acceptable business conduct, could have a negative influence on business and the society as a whole---Deceptive marketing practices gave rise to growing concerns within the field of marketing among the general public, consumer welfare bodies and competition agencies. (b) Competition Act (XIX of 2010)--- ----S. 10---Deceptive marketing practices---Claims made by a company while advertising/marketing its product---Recognizable substantiation for such claims---Where a company made a certain claim about its product in an advertisement, it was imperative to see whether the company/advertiser had some recognizable substantiation for the claim made. (c) Competition Act (XIX of 2010)--- ----S. 10(2)(a)---Deceptive marketing practices capable of harming business interests of competitors---Proof---To prove such deceptive practices/conduct, it was not necessary to show actual harm to competitors; it was sufficient to show the existence of a deceptive marketing practice that had the potential to harm the business interests of the competitors---Among such deceptive marketing practices was the distribution of claims lacking reasonable basis that were essentially designed and used to gain an unfair advantage over competitors. (d) Competition Act (XIX of 2010)-- ----Ss. 10(1) & 10(2)(a), (b)---Deceptive marketing practices---Deceptive claim made by a company while advertising/marketing its product---Distribution of false or misleading information to the consumers which was capable of harming business interests of competitors---Defendant ­company marketed its paint products through print media advertisements and bill boards claiming to be 'No. 1 in Paints' in Pakistan--Complainant-company alleged that by making such claim defendant-company was disseminating misleading and false information to the consumers that lacked a reasonable basis, related to character, properties or quality of its product and was capable of harming the business…

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