| Citation(s) |
|---|
| 2025 SLG 3766 2025 SLD 3766 = 2025 CLD 651 |
Competition Commission of Pakistan
File No.427/Pakistan Fruit Juices/OFT/CCP/2022/454, decided on 18th December, 2024.
Before Saeed Ahmad Nawaz and Salman Amin, Mmebers
Assisted By: Hafiz Naeem, Senior Legal Advisor and Hassan Raza, Legal Advisor. Barrister Momin Ali Khan and Haider Rafay Butt for Complainant. Khawaja Aizaz Ahsan for
Respondent No.1. Ms. Zainab Janjua for
Respondent No.2.
File No.427/Pakistan Fruit Juices/OFT/CCP/2022/454, decided on 18th December, 2024.
Before Saeed Ahmad Nawaz and Salman Amin, Mmebers
Assisted By: Hafiz Naeem, Senior Legal Advisor and Hassan Raza, Legal Advisor. Barrister Momin Ali Khan and Haider Rafay Butt for Complainant. Khawaja Aizaz Ahsan for
Respondent No.1. Ms. Zainab Janjua for
Respondent No.2.
IN THE MATTER OF SHOW-CAUSE NOTICES ISSUED TO M/S. UNILEVER PAKISTAN LIMITED AND M/S FRIESLAND CAMPINA ENGRO PAKISTAN LIMITED On a Complaint filed by M/S PAKISTAN FRUIT JUICE COMPANY PRIVATE LIMITED REGARDING DECEPTIVE MARKETING PRACTICES
Law: Pakistan Standards and Quality Control Authority Act, 1996
Section: VI
Law: Punjab Food Authority Act, 2011
Section: XVI
Law: Competition Act, 2010
Section: XIX,10(1),10(2)(b),10(2)(c),10
(a) Pakistan Standards and Quality Control Authority Act (VI of 1996)-------Preamble---Punjab Food Authority Act (XVI of 2011), Preamble---Quality Control---Scope---Provisions of Pakistan Standards and Quality Control Authority Act, 1996, (PSQCA) and Punjab Food Authority Act, 2011 do not conflict with each other and each law has a distinct and separate scope---Punjab Food Authority Act, 2011 is a provincial law, which primarily addresses concerns regarding safety standard and hygiene of food, whereas PSQCA Act, 1996 pertains to standardization of wide range of products for advancement of national economy and promotion of industrial efficiency and development---Rules, Regulations and Standards of both the laws prescribe definition of various products to fulfil their distinct and distinguishable purposes.(b) Competition Act (XIX of 2010)-------S. 10---Disclosures on packaging of products---Principle---Disclosures on extreme corner at bottom of wrapper do not meet requirements for printing of disclosures.(c) Competition Act (XIX of 2010)-------S. 10---Violations---Limitation---Any violation under S. 10 of Competition Act, 2010 is not condonable because of any limitation of time.M/s. Al-Hilal Industries (Pvt.) Limited's case 2012 CLD 1861 rel.(d) Competition Act (XIX of 2010)-------S. 10---Deceptive marketing practice and dissemination of false and misleading information---"Ice-cream" and "frozen dessert"---Distinction---Third party advertisement---Advertisement on E-platforms---Complainant alleged that respondents / companies had been selling their frozen desserts under the garb of ice-cream and had been advertising the same on social media also---Respondent / company contented that it was not responsible for advertisements by third party seller on E-platforms---Validity---No action was taken by respondent / company to stop such advertisements on E-platforms and it also did not clarify the same to consumers at any stage---Financial and marketing benefits of alleged claims about the products on E-platforms were also reaped by respondent / company---If respondent / company…