Law: Competition Act, 2010

Section: 4

(a) Competition Act (XIX of 2010)---Ss. 4, 30, 37, 38 & 62---Bid rigging in the tender---Department having found indications of potential bid rigging in the tender, inquiry was conducted in the matter---Enquiry Officer after completing inquiry submitted report which concluded that respondents/ companies had prima facie, collusive bid for the tender in violation of S.4 of Competition Act, 2010 and it was recommended that proceedings under S.30 of the Competition Act, 2010 could be initiated---Proceedings were initiated accordingly after issuing show-cause notices to the companies---Counsel for the companies raised preliminary objection with regard to retrospective operation of Competition Act, 2010---Contention of counsel for the companies was that Competition Ordinance, 2010 was promulgated on 18-4-2010 and was given effect only from 26-3-2010, whereas bid for the tender had taken place on 3-8-2009, much prior to promulgation of said Ordinance, which was not applicable in the case--- Validity--- Section 60 of Competition Ordinance, 2010/S.62 of Competition Act, 2010, had provided that provisions of Ordinance, 2010, would have and would be deemed always to have had, effect accordingly; it had clearly indicated that the drafters of Competition Ordinance, 2010 intended that its provisions had retrospective effect from 2-10-2007 regardless of the day of commencement of said Ordinance---Section 60 of Competition Ordinance, 2010, had provided continuation of the competition regime started by Competition Ordinance, 2007 on 2-10-2007, thereby filling the vacuum created by the lapse of successive Ordinances---If the contention of the counsel for the companies was accepted then the purpose and ethos of introducing a reformed competition law in Pakistan would be negated---Contention was repelled, in circumstances. (b) Competition Act (XIX of 2010)--- ----Ss. 4, 28(2) & 37(4)---Bid rigging in the tender---Issuance of show-cause notice---Department having found indicators of potential bid rigging in the tender by the companies in violation of S.4 of Competition Act, 2010, proceedings were initiated by issuing show-cause notices to the companies---Counsel for the…

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