| Citation(s) |
|---|
| 2022 SLG 2133 2022 SLD 2133 2022 CLD 670 |
Competition Commission of Pakistan
Show Cause Notices Nos. 36 and 37 of 2019, decision Dated: 11th March, 2022.
MS. RAHAT KAUNAIN HASSAN, CHAIRPERSON AND MUJTABA AHMAD LODHI, MEMBER
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Show Cause Notices Nos. 36 and 37 of 2019, decision Dated: 11th March, 2022.
MS. RAHAT KAUNAIN HASSAN, CHAIRPERSON AND MUJTABA AHMAD LODHI, MEMBER
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SHOW CAUSE NOTICES ISSUED TO DEL ELECTRONICS (PVT.) LIMITED AND ANOTHIn the matter of
Law: Competition Act, 2010
Section: 4
(a) Competition Act (XIX of 2010)--- ----S. 4---Prohibited agreements---Resale price maintenance---Scope---Competition Commission initiated an inquiry into contravention of S. 4 of the Competition Act, 2010 by electric appliance manufacturers, distributors/dealers and their respective trade associations in terms of price fixing/resale price maintenance---Enquiry Committee recommended initiation of proceedings against respondents for violations of S. 4 and show cause notices were issued accordingly---Validity---Resale price maintenance arrangements, in whatever form, i.e. inter alia restricting discounts, fixing the price and/or setting a minimum or maximum price floor/ceiling, clearly fell under S. 4(2)(a) of Competition Act, 2010, amounting to a fixation of the selling price of a product/good and were to be treated by object as anti-competitive as it ultimately impacted both intra-brand and inter-brand competition, in whatever forms were directed to deposit penalty amount, refund all penalty amounts imposed by them to their respective dealers and to cease such conduct. Case AT.40465 - ASUS (2018); Case AT.40182 - Pioneer (2018); Case T-17/93 Matra Hachette SA v. Commission of the European Communities; Trade Practices Commission v. Stihl Chain Saws (Aust.) Pty. Ltd. (1978) ATPR 40-091; In Re: Messrs Counfreedise and Timex Group India Case No. 55 of 2017 (2018); Re: Messrs Fx Enterprise Solutions India Pvt. Ltd. v. Messrs Hyundai Motor India Limited Case No. 36 of 2014 (2017); Dr. Miles Medical Co. v. John D Park, Sons Co. 220 U.S. 373 (1911); PSKS, Inc. v. Leegin Creative Leather Prods., Inc., 615 F.3d 412 (5th Cir. 2010); OBrien v. Leegin Creative Leather Products Inc. 294 Kan. 318 (Kan. Sup. Ct. 2012) and Continental T. Inc. v. GTE Sylvania Inc. 433 U.S. 36 (1977) rel. (b) Competition Act (XIX of 2010)--- ----S. 4---Prohibited agreements---Resale price maintenance---Scope---Competition Commission initiated an inquiry into contravention of S. 4 of the Competition Act, 2010 by electric appliance manufacturers, distributors/dealers and their respective trade associations in terms of price fixing/resale price maintenance contested that its resale price…
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