Law: Competition Act, 2010

Section: 2(1)(q),10,10(1),10(2)(a),10(2)(b),10(2) (c),37(2)

Law: Constitution of Pakistan, 1973

Section: 8,9,10,11,12,13,14,15,16,17,18,19,20,21, 22,23,24,25,26,27,28

Law: Companies Act, 2017

Section: 17

ORDER 1. This Order shall disposed of the proceedings initiated vide Show Cause Notice No. 07/2019 dated 27 February 2019 (the ˜SCN), issued to M/s At-Tahur (Pvt.) Limited (the ˜Respondent) by the Competition Commission of Pakistan (the ˜Commission) for, prima facie, contravention of sections 10(2)(a), 10(2)(b) and 10(2)(c) read with section 10(1) of the Competition Act, 2010 (the ˜Act). FACTUAL BACKGROUND A. Complaint, Enquiry and Show Cause Notice: 2. The Commission received a complaint from M/s Pakistan Dairy Association (hereinafter the ˜Complainant) wherein it was alleged that the Respondent soon after the pronouncement of the Order by the honourable Supreme Court dated 08 December 2016 started disseminating false and misleading information through its Facebook page by the name of ˜Prema Milk with the ulterior motive of making inroads into the market share of other milk brands, which amounts to deceptive marketing practices. 3. The main allegations made in the Complainant in its complaint alleged that- (a) the Respondents has resorted to, and continue to undertake, deceptive marketing practices by distributing false and misleading information by quoting the few part of the order of the honourable Court by stating that Alhamdulil Allah Except Prema Milk, all other samples are found to be unfit for human consumption: source Supreme Court. (b) The Undertaking has advertised a post on its page which stated that The report on pasteurized milk said all samples, except Prema Milk were found to be unfit for human consumption.: Source: Dawn.com and this quote was hash tag such as #BringPurityBack#SayNotoUHT#ChoosePasteurizedMilk... (c) It has further advertised through a video posted on 19 August 2017 along with a caption stating Dont compromise your childs health, follow natures way of Health, hygiene and purity only buy fresh pure milk for your family. At Prema we care for your familys well-being and are committed to provide you quality fresh pasteurized milk which is why we the only milk observed to be fit for human consumption by the honourable Court #powdermilk #milk #premamilk, (d) The Respondent has also issued an undated trade letter which states as…

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