Law: Competition Act, 2010

Section: 10,10(2)(a),10(2)(b),10(2)(d),37,48,51,5 1(1)(c),52

Law: Qanun-e-Shahadat (10 of 1984)

Section: 9

(a) Competition Act (XIX of 2010)--- ----S. 10--- Deceptive marketing practices---Disclaimer in smaller print---Effect---Contention of respondent in relation to the claims made in the advertisement was that the disclaimer appeared at all necessary stages of the television commercial---Validity---Disclaimer/disclosure printed on the marketing and advertising material was in fine print footnotes or in significantly smaller print and had been inserted in an attempt to offset and/or limit the liability or to qualify the advertising claim---Disclaimer/disclosure must be 'clear and conspicuous' and placed 'as close as possible' to the advertising claim---Laboratory test reports, in the absence of categorical and visible disclaimer, could not cater for the claims made in the advertisement had failed to substantiate the claims made in the advertisement with reference to character, properties, suitability for use and/or quality of use and in fact had disseminated false and misleading information to the consumers through its televised advertisement in violation of S. 10(2)(b) of the Competition Act, 2010---Competition Commission imposed penalty and reprimanded the respondent to ensure responsible behaviour in future with respect to marketing. Order dated 14-09-2018, In the matter Show Cause Notice issued to Pakistan Telecommunication Company Ltd. 2018 CLD 984; In the matter of Proctor and Gamble Pakistan Pvt. Limited (Head and Shoulder Shampoo) 2010 CLD 1695; In the matter of Show Cause Notices issued to Askari Bank Ltd, United Bank Ltd. My Bank Ltd and Habib Bank Ltd.; In the matter of Show Cause Notice issued to RITS Incorporation Order dated 11 May 2011; In the matter of Show Cause Notice issued to Al-Hilal Industries, 2012 CLD 1861; In the matter of Show Cause Notice issued to Reckitt and Benckiser 2016 CLD 40; In the matter of Show Cause Notice issued to Colgate Palmolive (Max All Purpose Cleaner) 2017 CLD 1550 and In the matter of Show Cause Notice issued to Proctor and Gamble (Safeguard Soap) 2017 CLD 1609 ref. Order dated 29th September 2009 in the matter of Show Cause Notice issued to China Mobile Pakistan Ltd (Zone) and Pakistan Telecom Mobile Ltd. (Ufone) 2010…

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