Law: Competition Act, 2010

Section: XIX,2(1)(q).10(2)(a),10(2)(b),38

(a)    Competition Act (XIX of 2010)-------Ss. 2(1)(q) & 10(2)(a) & (b)---Term, "undertaking"---Deceptive marketing practice---Misleading advertisement---Disclaimer---Effect---Show-cause notice was issued to respondent establishment for advertisement in newspaper offering attractive packages to teachers seeking to join an online educational program--Validity---Respondent-establishment was engaged in providing educational services and was registered with Securities and Exchange Commission of Pakistan under Companies Act, 2017, therefore, was qualified to be an undertaking as defined in S. 2(1)(q) of Competition Act, 2010---Once a false or misleading impression was created, subsequent clarifications, whether on a website or elsewhere could not remedy its deceptive effect---It was responsibility of respondent-establishment to ensure that material information was clearly and prominently disclosed within the advertisement itself---Disclaimers must serve to clarify not contradict primary message---Respondent-establishment violated S. 10(2)(b) of Competition Act, 2010 by disseminating misleading information regarding projected earnings, affiliations and qualifications of its Board of Directors---Such misrepresentations were capable of harming business interests of other undertakings thereby constituting violation of S. 10(2)(a) of Competition Act, 2010---Competition Commission directed to initiate criminal proceedings before Court of competent jurisdiction against respondentestablishment pursuant to S. 38 of Competition Act, 2010 and also imposed penalty upon respondent-establishment---Show-cause notice was disposed of accordingly.In The Matter of China Mobile Pak Limited and Pakistan Telecom Mobile Limited 2010 CLD 1478; Standard Oil of Clalif 84 F.T.C. 1401; The Matter of Proctor and Gamble Pakistan (Pvt.) Limited 2010 CLD 1695; Askari Bank Ltd. United Bank Ltd. My Bank Ltd. and Habib Bank Ltd. (2008) 2010 CLD 1454; American Home Products, 98 F.T.C. 136, 370 (1981); Syed Ahmed v. Syed Muzaffar Hussain 2008 CLC 175; A. Rahim Foods (Pvt.) Limited and another v. K N's Food (Pvt.) Limited and others 2023 CLD 1001; Hasnat Ahmed Khan v.…