Law: Competition Act, 2010

Section: 10,41

Competition Act (XIX of 2010)-------Ss.10 & 41---Trade Marks Ordinance (XIX of 2001), S.86---Competition Appellate Tribunal Rules 2015, R. 25---Competition (General Enforcement) Regulations, 2007, Reglns. 16 & 17---Dominant position, abuse of---Deceptive Marketing Practice---Mis-using brand name---Enhancement of penalty---Appellant company was aggrieved of penalty imposed on it for using logo/trademark of "Starbucks"---Plea raised by appellant was that trademark in question had no commercial existence in Pakistan---Validity---All undertakings are prohibited under S.10(1) of Competition Act, 2010, from entering into deceptive marketing practices without making any distinction between a foreign company not registered or operating in Pakistan---Any undertaking whether based in Pakistan or not for the purpose of S.10 of Competition Act, 2010 and Reglns. 16 & 17 of the Competition (General Enforcement) Regulations, 2007, can file a complaint to protect its legal rights beside an action under Trade Marks Ordinance, 2001, or any other law---Appellant failed to establish its case and directions issued by the Commission for compliance were also not fulfilled--- Commission by taking a lenient view had imposed penalty of Rs.5,000,000/- (Rupees Five Million) but the same was not paid---Competition Appellate Tribunal enhanced the penalty to Rs.6,000,000/- under R.25 of Competition Appellate Tribunal Rules, 2015, as the Competition Commission had noted that appellant was still using some of the images on social media---Appeal was dismissed, in circumstances.JUDGMENTMAZHAR ALAM KHAN MIANKHEL, CHAIRPERSON.---The appellant M/s Options International (SMC-Pvt. Limited) through its Chief Executive (Appellant) has impugned the order dated 19.12.2018 of the Competition commission of Pakistan (The Commission) through instant appeal.2. The Proceedings before the Commission were initiated on the complaint dated 31.08.2017 filed by one Sana Sheikh Fikree, authorized representative of Starbucks Corporation (The complainant) respondent No.2. The Commission after considering the complaint, referred the same to the Enquiry Committee under subsection (2) of Section 37 of the…

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