Law: Competition Ordinance, 2007

Section: 3, 4, 42

 Competition Ordinance (LII of 2007) Ss. 3, 4 & 42---Abuse of dominant position and prohibited agreements---Scope---Government decision---Effect---Appellant / Pakistan International Airline was aggrieved of order passed by Competition Commission of Pakistan on a suo motu notice for charging exorbitant fares for Hajj flights---Validity---Intent and purpose of provisions of Ss. 3 and 4 of Competition Act, 2010 is to restrict the undertakings from manipulating prices of goods or provision of services which have the object of preventing, restricting or reducing competition---Both the provisions of Ss. 3 and 4 of Competition Act, 2010 are more or less similar to such effect that the competition in relevant market should remain open and no one should be permitted to prevent, restrict, reduce or distort competition, either by way of using its dominant position or by way of mutual agreement in relevant market---Focus primarily is on providing open competition for the benefit of ordinary consumer and to stop manipulation by anyone---Whatever prices were determined by appellant / Airline, the same were subject to final approval of Federal Government---Even suggestive prices were not approved by Government and were in fact slashed to Rs. 70,000/- and 85,000/- for South and North stations respectively from initial proposed prices---It was never within ambit and authority of appellant / Airline to fix any price by itself, and it could only suggest the prices based on its own working and subject to approval---Agreement between appellant / airline and a foreign airline was valid and not subject to any violation of section 4 of Competition Ordinance, 2007 and there was no violation of S. 3 of Competition Ordinance, 2007---Competition Appellate Tribunal set aside order passed by Competition Commission of Pakistan---Appeal was allowed, in circumstances.         Date of hearing: 21st October, 2025.                                                                    …