Law: Constitution of Pakistan, 1973

Section: 185

Law: Competition Act, 2010

Section: 31,37,38

(a) Constitution of Pakistan--- ----Art. 185---Appellate jurisdiction of the Supreme Court---Scope---Concurrent findings of facts by courts below---Interference with---In the exercise of its appellate jurisdiction in civil cases, the Supreme Court as a third or fourth forum, as the case may be, does not interfere with the concurrent findings of the courts below on the issues of facts unless it is shown that such findings are on the face of it against the evidence available on the record of the case and is so patently improbable or perverse that no prudent person could have reasonably arrived at it on the basis of that evidence---Mere possibility of forming a different view on the reappraisal of the evidence is not a sufficient ground to interfere with such findings. Federation of Pakistan v. Ali Ihsan PLD 1967 SC 249; Abdur Rauf v. Babu Munir 1976 SCMR 436; Fateh Muhammad v. Muhammad Adil PLD 2007 SC 460; Khan Muhammad v. Muhammad Din 2010 SCMR 1351; Mohyuddin Hashmi v. Allama Iqbal Open University 2012 SCMR 1414 and Hussain Naqvi v. Zakara Chatha 2015 SCMR 1081 ref. (b) Competition Act (XIX of 2010)--- ----Ss. 31, 37 38 Preamble---Constitution of Pakistan, Art. 18---Freedom of trade and business---Scope---Free and fair competition in trade and business is an intrinsic part of the fundamental right to freedom of trade and business guaranteed by Article 18 of the Constitution. The preamble to the Competition Act, 2010 (the Act) sets out the objective of the Act and provides for free competition in all spheres of commercial and economic activity to enhance economic efficiency and to protect consumers from anti-competitive forces. The Act aims to address the situations that tend to lessen, distort or eliminate competition, such as (i) actions constituting an abuse of market dominance, (ii) competition restricting agreements, and (iii) deceptive marketing practices. Free and fair competition is a fundamental concept in economics that involves providing a level playing field for all market participants. It is based on the principles of a free market where businesses compete on equal terms, and consumers make decisions based on price, quality, and preference. Free…

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