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Competition Ordinance (LII of 2007)--Ss. 3, 30, 37 & 41---Abuse of dominant position---Complaint against---Government of Pakistan was the largest shareholder of Pakistan International Airlines having 89.93% of the total shares, whereas the remaining shares were held by the public--competition Commission of Pakistan, received various complaints to the effect that PIA was charging a percentage of the ticket fare whenever passengers rescheduled or cancelled flights, which was not only contrary to the practice followed by other domestic and international carriers and was also discriminatory--Said Policy of PIA was verified from its Customer Services Department and was found to support the complaints received by the Commission---Commission took suo motu notice and constituted an Inquiry Committee under S.37(1) of Competition Ordinance, 2007, which conducted a formal inquiry in the matter, completed its report and recommended that proceedings under S.30 of the Ordinance could be initiated against PIA---Section 3 of Competition Ordinance, 2007, which had prohibited abuse of dominant position, would apply only when one undertaking had a dominant position or where two or more undertakings were collectively dominant--Finding of dominance whether individual or collective would involve a ,two-stage procedure: First was the determination of relevant market and the second was the determination, whether the undertaking concerned enjoyed dominant position---PIA having understood the concern of the Commission, had volunteered to remove the discriminatory fee structure and offered a proposal---Appellate Bench appreciated the understanding and co-operation of PIA and ordered; that proposed non-discriminatory re-scheduling fee structure be implemented in letter and spirit as of January 1, 2010; and that a passenger who wished to reschedule his/her flight to an immediate preceding flight, be allowed to do that without any charge---In the light of PIA co-operation and understanding, Bench had taken a lenient view and exonerated the undertaking from any penalty. ORDER Dr. JOSEPH WILSON, MEMBER.---An issue in this case is whether Pakistan International Airlines' policy to charge a…

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