Law: Competition Act, 2010

Section: 4,4(1),(2)(a)(b)(e),(3),30,37,38

(a) Competition Ordinance (XVI of 2010)---Ss. 4(1), (2)(a)(b)(e), (3), 30, 37 & 38---Competition Commission of Pakistan (Conduct of Business) Regulations, 2007, Regln. 4(1)(e)--Entering into prohibited agreement--Imposition of penalty---Competition Commission took notice of the news item, wherein it was reported that some international dredging companies had formed a cartel in order to qualify for the bids---Commission pursuant to the powers contained in clause (e) of Sub-Regln. (1) of Regln. 4 of the Competition Commission of Pakistan (Conduct of Business) Regulations, 2007, appointed Enquiry Officers to conduct enquiry into the allegation of collusive bidding---Enquiry Officers after conducting inquiry concluded that two undertakings were not competing with each other in their allocated territories in violation of S.4(1),(2)(b) & (e) of Competition Ordinance, 2010 and that three undertakings had entered into an agreement for submission of a single joint bid, the aim and object of which was to prevent, restrict or reduce competition within the relevant market in violation of S.4(1)(2)(a) & (e) of Competition Ordinance, 2010---Issue in the case was, whether two undertakings had divided territories among themselves and had colluded with each other and filed cover bids to realize each division in violation of S.4(1)(2)(e) of Competition Ordinance, 2010---Said two undertakings could not rebut allegation of 'cover bid'---Significant cost difference quoted by said undertakings was evident---One undertaking quoted cost for overall work Rs.33,229,281,430 and average rate Rs.1006 per cubic meter whereas other undertaking quoted cost for overall work Rs.19,325,886,984 and average rate Rs.585 per cubic meter---Undertaking which quoted less cost and average rate, claimed being inexperience and lack of expertise in the relevant field---Said undertaking had failed to produce supporting evidence in proof of its claim---Undertaking in question was one of the largest general contractors in China, competing more than 600 international contracts in more than 60 countries and was one of the top 225 international contractors; it could easily be concluded that there was…

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