| Citation(s) |
|---|
| 2008 SLG 2221 2008 SLD 2221 2008 CLD 1133 |
Competition Commission of Pakistan
File No.1(1)/Miscellaneous/Dir (Inv)/MCA/2006), decision dated: 10-06-2008.
KHALID A. MIRZA, CHAIRMAN, ABDUL GHAFFAR, RAHAT KAUNAIN HASSAN AND MALEEHA MIMI BANGASH, MEMBERS
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File No.1(1)/Miscellaneous/Dir (Inv)/MCA/2006), decision dated: 10-06-2008.
KHALID A. MIRZA, CHAIRMAN, ABDUL GHAFFAR, RAHAT KAUNAIN HASSAN AND MALEEHA MIMI BANGASH, MEMBERS
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POLYESTER STAPLE FIBRE COMPANIES: In the matter of
Law:
Section:
Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)-------Ss. 6, 11, 14 & 21---Competition Ordinance (LII of 2007), S.59---Trade practices---Monopolistic or restrictive trading behaviour of manufactures---Manipulation of price---Authority during examination of price pattern of Polyester Staple Fibre in the market, noticed that almost same price was being offered in the market by undertakings engaged in production and sale of said fibre---Authority in view of said unity among the undertakings in quoting/charging one price all over Pakistan, observed that possibility was that undertakings had an understanding not to compete with each other in price and also were sharing commercial information---Authority initiating suo motu enquiry under S.14 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970, asked the undertakings to supply certain informations under S.21 of said Ordinance, which, except one undertaking, supplied requisite information, which were examined by the Authority---Comparison of the prices quoted by the undertakings and the prices reported in a Business daily, indicated a wide difference, whereas per Kilogram profit and loss analysis, provided by the undertakings, showed a considerable difference in their cost and expenses structure---Authority, in circumstances, issued a show-cause notice for concerted price fixing behaviour in the Polyester Staple Fibre market being a restrictive trade practice in terms of S.6(1)(a)(i) of Monopolies and Restrictive Trade practices (Control and Prevention) Ordinance, 1970---In response to the show-cause notice, undertakings made certain submissions---Authority was satisfied that prima facie collusive arrangement existed among Polyester Staple Fibre manufactures/ undertakings; that a negation existed of free play of market forces of supply and demand by undertakings; (iii) that undertakings with their monopolistic or restrictive trade behaviour had manipulated the price of Polyester Staple Fibre manufacturers/undertakings---After promulgation of Competition Ordinance, 2007, the Competition Commission of Pakistan successor of the…
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