Case Details

Citation(s)
2017 SLG 1891 2017 SLD 1891 2017 CLD 932
Competition Commission of Pakistan
File No. 170/OFT/PSO/CCP/2013, decision Date : 29-11-2016
MS. VADIYYA KHALIL, CHAIRPERSON, DR. SHAHZAD ANSAR, MEMBERS, IKRAM UL HAQUE QURESHI, MEMBERS
Asif Aslam, General Manager, Mansoor Ismail, General Manager, Islamabad, Syed Ali Yasir Rizvi, Advocate and Syed Qamar Hussain Sabzwari, Advocate for Mr. Pakistan State Oil Company Ltd.Iftikhar Ahmad Bashir, Advocate High Court, Jurispak Advocates and U

Law: Competition Act, 2010

Section: 10,10(1)(2)(b),28,30,33,37

(a) Competition Act (XIX of 2010)--- ----Ss. 10, 28, 30, 33 & 37---Deceptive marketing practices---Company/undertaking, was the largest petroleum distribution and marketing company in Pakistan with petroleum products---Complaint was filed against said undertaking that it was engaged in 'deceptive marketing practices' by distributing false and misleading information to consumers and that distribution of such information was capable of harming the business interests of competing undertakings in violation of S.10 of Competition Act, 2010---Enquiry Committee constituted by the Competition Commission reported that prima facie, the undertaking had been engaged in "deceptive marketing practices" in violation of S.10 of the Competition Act, 2010---Issue for determination was as to "whether the enquiry conducted in the matter and the show-cause notice issued to the undertaking, were in violation of Competition Act, 2010 and principles of natural justice"---Held, proceedings in the case were initiated under S.30 of the Competition Act, 2010---Opportunity of hearing was provided to the undertaking through its authorized representative and material in support of contentions was examined by the Commission---Issuance of show-cause notice to the undertaking was in conformance with the principles of natural justice and fairness---Show-cause notice and the subsequent proceedings, had provided the undertaking ample opportunity to present its case, to adduce evidence and file rebuttals, which they had availed to the fullest---No violation of the Act and the principles of natural justice were violated in the procedure adopted by the Enquiry Officer in circumstances. (b) Competition Act (XIX of 2010)--- ----S. 10---"Deceptive marketing practices"---Scope--- Company/ undertaking, was the largest petroleum distribution and marketing company in Pakistan with petroleum products---Complaint was filed against said undertaking that it was engaged in 'deceptive marketing practices' by distributing false and misleading information to consumers and that distribution of such information was capable of harming the business interests of competing undertakings in violation of S.10 of…
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