Law: Competition Act, 2010

Section: 3,37(2)

Competition Act (XIX of 2010)--- ----Ss. 3, 37(2) Preamble---Abuse of dominant position---Proof---Competition law---Object, purpose and scope---Complaint was against foreign Airlines who were allegedly charging higher rates for transporting vegetables and fruits---Complainants did not produce any evidence to Enquiry Committee to prove violation of S. 3 of Competition Act, 2010---Contention of complainants was that in response to proceedings undertaken by Enquiry Committee their grievance was redressed which had been pending since long---Effect---Conclusions of Enquiry Report were well founded and could not be controverted---One of the grievances of complainants stood addressed during the conduct of enquiry and did not require further emphasis---Competition Law was a subject of principles stimulating innovation, productivity and competitiveness, contributing to an effective business environment in country---Such competition generated economic growth and employment and also had created possibilities for small and medium sized enterprises, removed barriers that had protected entrenched elites and reduced opportunity for corruption---Competition increased a countrys attractiveness as a business location, triggering national and foreign investments--- Competition also delivered benefits for consumers through lower prices, improved services and greater choice---Competition generated total consumer welfare and also contributed to creating a level playing field for business which had to apply a common set of standards, supporting competition---Complaint was dismissed in circumstances. ORDER 1. This Order shall dispose of the Complaint filed under section 37(2) of the Competition Act, 2010 (hereinafter the Act) by All Pakistan Fruit and Vegetable Exporters, Importers and Merchants Association (hereinafter the PFVA) and Vegetable Exporters, Importers and Merchants Association and Air Cargo Agents Association of Pakistan (hereinafter the `ACAAP) (hereinafter collectively referred to as the Complainants) against foreign airlines operating in Pakistan inter alia Emirates Airline, Qatar Airways, Oman Air, Turkish Airways, Gulf Air, Saudi Arabian Airlines and Etihad Airways…

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