| Citation(s) |
|---|
| 2023 SLG 1648 2023 CLD 429 2023 SLD 1648 |
Competition Commission of Pakistan
F. No. 382/PESCO/C&TA/CCP/2020, decided on 13thDecember, 2022.Dates of hearing: 10th, 21st, June, 7th July,24th November and 8th December, 2022.
Before Ms. Rahat Kaunain Hassan, Chairperson and Mujtaba Ahmad Lodhi, Member
Sultan Mazhar Sher, Advocate Supreme Court, Irfan Reayat, Chief Law Officer, PESCO, Aslam Khan Gandapur, Chief Operating Officer, Ishfaq, Director Safety and Atif Jawad, Safety Department for Messrs Peshawar Electric Supply Company Limited. Muhammad Ahmed
F. No. 382/PESCO/C&TA/CCP/2020, decided on 13thDecember, 2022.Dates of hearing: 10th, 21st, June, 7th July,24th November and 8th December, 2022.
Before Ms. Rahat Kaunain Hassan, Chairperson and Mujtaba Ahmad Lodhi, Member
Sultan Mazhar Sher, Advocate Supreme Court, Irfan Reayat, Chief Law Officer, PESCO, Aslam Khan Gandapur, Chief Operating Officer, Ishfaq, Director Safety and Atif Jawad, Safety Department for Messrs Peshawar Electric Supply Company Limited. Muhammad Ahmed
SHOW CAUSE NOTICE ISSUED TO MESSRS PESHAWAR ELECTRIC SUPPLY COMPANY LTD.: In the matter of
Law: Competition Act, 2010
Section: 3,2(k)
(a) Competition Act (XIX of 2010)--- ----Ss. 3 2(k)---Abuse of dominant position---Relevant market---Scope---Complainants (Internet Service Providers) alleged that the respondent (Electricity Supply Company) was in a dominant position in the relevant market for right of way for aerial cables across electricity poles and had violated Ss. 3 4 of the Competition Act, 2010---Contention of respondent was that it did not operate in the relevant market and was active in a separate market altogether---Validity---Issue at hand did not concern supply/distribution of electricity but the public right of way to be/or being provided by respondent---Electricity distribution facilities covered an area of approximately 78,088 sq. km, which further strengthened the aspect of dominance of the respondent in the relevant market of right of way as it owned/managed a significant number of electric poles and no other adequate substitutes were available in the relevant market---Respondents argument was rejected. (b) Competition Act (XIX of 2010)--- ----Ss. 3 2(k)---Abuse of dominant position---Relevant market---Substitutability---Scope---Complainants (Internet Service Providers) alleged that the respondent (Electricity Supply Company) was in a dominant position in the relevant market for right of way for aerial cables across electricity poles and had violated Ss. 3 4 of the Competition Act, 2010---Contention of respondent was that the complainants had substitutes for right of way---Validity---Developing and digging underground passages required heavy investment cost and prior approvals from the relevant authorities and there also existed practical impediments for laying down underground cables such as lack of access to corridors/green belts on road, streets, etc---As for PTCL (telecommunication company) poles, the same were customized to PTCLs own requirements i.e. installed at the end of PTCLs underground network of cables---Streetlight poles were not a suitable substitute due to being scattered, positioned in different areas and not being available in all areas---Respondents argument was rejected. (c) Competition Act (XIX of 2010)--- ----S. 3---Abuse of dominant position---Price…
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