Law: Competition Ordinance, 2007

Section: 3

Competition Ordinance (LII of 2007)---Ss. 3, 4, 28(2), 30, 31 & 32---Irregularities and lack of transparency in the tendering process-Competition Commission of Pakistan took notice of the news items that Trading Corporation of Pakistan through its tender terms for the import of white sugar had failed to provide level playing field and equal opportunity to suppliers/partners of all origins for the import of 5,00,000 MT of sugar, thereby preventing, reducing and restraining competition in the relevant market in violation of Ss. 3 & 4 of Competition Ordinance, 2007--commission appointed Enquiry Officer pursuant to the provisions of subsection (2) of S.28 of the Ordinance-Subsequent to the initiation of Enquiry, Commission received letters from different quarters wherein irregularities and lack of transparency in the tendering process of Trading Corporation of Pakistan was complained about--Enquiry Officers in their preliminary enquiry report had pointed out that certain clauses of the terms and conditions of tenders were found to be potentially of concern---Owing to the fact that the tender terms, prima facie seemed to exclude competitors from the tendering process and was likely to result in import of sugar at a higher price which could adversely impact the consumer and the public at large, Commission issued a notice of hearing under Ss. 30, 31 & 32 of Competition Ordinance, 2007-After hearing all the concerned expressed by the Commission and the objections raised by the parties with regard to the terms and conditions of tot. gender, Trading Corporation of Pakistan had agreed that tender to be opened on 13-2-2010 had been merged with the tender schedule for 15-2-2010, accordingly, the quantity of sugar for tender schedule for 15-2-2010 would be enhanced to 2,00,000 MT and would be opened on 17-2-2010; that conditions of clause 15(a) of the terms and conditions for the tenders relating to shipment, would be amended accordingly; that the terms' and conditions of the tenders would be amended to allow containerized shipment as an option on established international terms and conditions and that transshipment in the case of containerized shipment would be…

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