Law: Competition Act, 2010

Section: 10,37(2)

(a) Competition Act (XIX of 2010)--- ----S. 37(2)---Enquiry and studies---Opportunity of hearing before recording adverse findings---Scope---Where a complaint is filed and the findings of an enquiry do not indicate any prima facie violation and/or give any adverse findings against the complainant, it would be fair and in accordance with the principles of natural justice that prior to the disposal of the complaint an opportunity of hearing is to be given to the complainant. Order dated 16 March 2010, in the matter of Appeal filed by Fecto Belarus Tractors (Pvt.) Limited rel. (b) Competition Act (XIX of 2010)--- ----S. 37(2)---Enquiry and studies---Scope---Mere filing of a formal complaint shall not trigger initiation of formal enquiry in terms of S. 37(2) of Competition Act, 2010---For initiation of the enquiry the complainant in any formal complaint filed with the Commission must satisfy the criteria laid down in the express provision of law, i.e. complaint must be filed by an 'undertaking' or 'a registered association of consumers' and must be substantiated with prima facie evidence, failing which no enquiry can be conducted thereon. National Feeds v. Competition Commission of Pakistan 2016 CLD 1688 rel. (c) Competition Act (XIX of 2010)--- ---Ss. 37(2) & 10---Competition Commission---Responsibilities---Enquiry and studies---Deceptive marketing practices---Burden of proof---Scope---Burden of proof, in cases of deceptive marketing practices, is on the undertaking concerned i.e. the manufacturer/seller of goods or provider of services that the claims made by them in the process of marketing about their products and/or services are appropriately substantiated---Complainant in such like matters is considered an informer; this is in line with the mandate of the Commission under the provisions of the Competition Act, 2010---Competition Commission is entrusted with the responsibility of looking after the interest of the general public vis- -vis anti-competitive conduct and to create a level playing field in order to enhance economic efficiency in all spheres of commercial and economic activity and that too in the public interest. Order dated 29 September 2009 in…

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