| Citation(s) |
|---|
| SLG 1903 (2019) 126 SLD 1903 (2019) 123 CLD 785 |
Competition Commission of Pakistan
F. No. 153/OFT/MEDINST/CCP/14, decision Dated: 26-03-2019.Dates of hearing: 4th August, 17th September, 2015, 9thAugust, 2016, 15th June, 2017 and 21st March, 2018.
MS. VADIYYA S. KHALIL, CHAIRPERSON DR. SHAHZAD ANSAR, MEMBER
Malik Qamar Afzal, Advocate Supreme Court, Dr. Farah Naz Zaidi and M. Naeem Sidiqui, Admin. Officer for Independent Medical College.Prof. Dr. Sarosh Majid Salaria, Principal and Prof. M. Zaheer Abbasi, Principal for Azad Jammu and Kashmir Medical Colleg
F. No. 153/OFT/MEDINST/CCP/14, decision Dated: 26-03-2019.Dates of hearing: 4th August, 17th September, 2015, 9thAugust, 2016, 15th June, 2017 and 21st March, 2018.
MS. VADIYYA S. KHALIL, CHAIRPERSON DR. SHAHZAD ANSAR, MEMBER
Malik Qamar Afzal, Advocate Supreme Court, Dr. Farah Naz Zaidi and M. Naeem Sidiqui, Admin. Officer for Independent Medical College.Prof. Dr. Sarosh Majid Salaria, Principal and Prof. M. Zaheer Abbasi, Principal for Azad Jammu and Kashmir Medical Colleg
MEDICAL COLLEGES FOR DECEPTIVE MARKETING PRACTICES: IN THE MATTER OF
Law: Competition Act, 2010
Section: 2(1)(q),10,37(1)
Law: Medical and Dental Council (Amendment) Act, 2012
Section: 36B
(a) Competition Act (XIX of 2010)--- ----Ss. 2(1)(q), 10 & 37(1)---Pakistan Medical and Dental Council Act (XIX of 2012), S. 36-B--- Deceptive marketing---Private medical colleges, accreditation of--- Restrictions on admissions---Effect---Respondent were private medical colleges and complaint was filed against them giving admissions to students even after suspension of admissions from Pakistan Medical and Dental Council (PMDC) due to lack of accreditation of the College---Authorities issued show cause notices to respondents who assailed them on grounds that they had addressed grievances of PMDC and had complied with notices---Validity---Role of PMDC, which was principally mandated to setting national standards for medical education, keeping a Register of medical practitioners and accrediting medical colleges keeping in view quality of facilities, numbers of teachers and other terms and conditions as provided under PMDC laws, Rules and Regulations---Significant part of overall functioning of Pakistan's healthcare system, PMDC continues to play an indispensible role---Accreditation and recognition system that had been put in place by PMDC was essential in ensuring high quality education and to safeguard careers and futures of countless students---Commission was committed to ensuring that no medical institute breached provisions of S. 10 of Competition Act, 2010 by way of advertising recognition or accreditation by PMDC when in fact it did not have necessary endorsement---Commission declared that a case of deceptive marketing in violation of S. 10 of Competition Act, 2010 had been made against the three respondents---Entire case turned on timing of advertisements as they appeared on websites or print media---Sufficient evidence was available to prove that the three respondents had advertised admissions for 2013-2014 session despite instructions by PMDC to these institutes wherein they were directed to cease admissions for session in question based on their questionable and unconfirmed recognition status---Commission imposed fine penalty on three respondents in violation of S. 10 of Competition Act, 2010---Complaint was allowed accordingly. In the matter of Show…
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