Law: Competition Act, 2010

Section: 28(1)(b),33,36,37

(a) Competition Act (XIX of 2010)--- ----Ss. 28(1)(b), 33, 36 & 37---Powers of the Commission in relation to a proceeding or enquiry---Power to call for information relating to undertaking---Scope of the Powers of the Competition Commission under sections 33, 36 & 37 of the Competition Act, 2010 stated. Proceeding under section 33 means and only refers to proceedings under section 30 of the Competition Act, 2010 ('the Act'), and the power to call for information under section 36 of the Act or conduct of a study provided for under section 28(1)(b) cannot be treated as a proceeding within the meaning used in section 33 nor can the powers provided under section 33 be made available to Competition Commission of Pakistan ('CCP') in their exercise of jurisdiction under section 36 or 28(1)(b). The CCP is a regulator which aims to prevent and address anti-competitive practices across markets for which it studies the market to understand market trends and practices. For this reason, CCP under section 36 of the Act is empowered to call for information relating to an undertaking. Through a general or special order, it may call upon an undertaking to furnish periodically or as and when required any information concerning the activities of the undertaking, including information relating to its organization, accounts, business, trade practices, management and connection with any other undertaking, which information is necessary for the CCP for the purposes of the Act. This is a regulatory power available to CCP aimed to collect and gather information about the undertaking and does not fall under the ambit of a proceeding under section 30. Hence, merely calling for information does not constitute a proceeding nor does it trigger any penal consequences. Section 37 of the Act provides for enquiry and studies and subsection (1) thereof provides that the CCP may, on its own, conduct enquiries and studies into any matter relevant to the purposes of this Act or as per subsection (2) of section 37 of the Act, the CCP may conduct an enquiry and studies of an undertaking when it receives a complaint in writing of such facts that appear to constitute a contravention of the provisions…

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