Law:

Section:

(a) Competition Act (XIX of 2010)------- --------S. 37-------Enquiry and study-------Initiation of inquiry-------Competition Commission had issued notices pursuant to consumer's complaint through the National Accountability Bureau, alleging that the Poultry Feed Mill owners had formed cartels and were purchasing ingredients at a low price-------Validity-------Complaint contained vague and indefinite information-------Impugned notices referred to mere concerns raised before the Commission to the effect that despite a decrease in price of poultry feed inputs, the price of feed had consistently been increasing-------Said allegations were vague and devoid of sufficient facts, nor any prima facie evidence had been disclosed requiring initiation of an inquiry relating to the prohibitions mentioned in Chapter II of the Act-------Impugned notice, at best, could be treated as forming basis for initiating a study, rather than an inquiry under S. 37 of the Act-------Nothing had been placed on record to justify initiating an inquiry-------Commission had acted in mechanical manner-------Impugned notices and complaint were in the nature of roving inquiry-------Impugned notices might be treated as forming basis of conducting a study under S. 37 of the Act-------If the Commission, after concluding the study, was of the opinion that there were sufficient facts and the complaint was substantiated by prima facie evidence alleging contraventions of the provisions of Chapter II of the Act, then the Commission might issue notices to the petitioners regarding the initiation of inquiry and the sufficient facts or prima facie evidence on the basis of which the opinion was formed would also be disclosed therein-------Impugned notices were, therefore, declared as not having been issued under S. 37(1) or S.37(2) of the Act-------Notices in question were directed to be treated as forming the basis of conducting a study under S. 37 of the Act-------Constitutional petition was allowed accordingly. Assistant Director, Intelligence and Investigation, Karachi v. Messrs B.R. Herman and others PLD 1992 SC 485; Dr. Akhtar Hassan Khan v. Federation of Pakistan 2012 SCMR 455 and Wazirzada v. Chief…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492