Law: Competition Act, 2010

Section: 38

Competition Ordinance (XVI of 2010)--S. 38(l b)---Failure to comply with directions of the Competition Commission---Imposition of penalty---Competition Commission gave certain directions with regard to management of the undertakings---Both the Companies were directed to submit an undertaking within a period of three weeks on behalf of their Board assuring the Commission that due compliance with the terms of order of the Commission would be ensured---Upon expiry of the two years compliance period, companies requested for an extension in the compliance period--Companies did not mention any effort having been made by the Board of both the companies for compliance or even achieving partial compliance of the order---Commission did not find the request of companies satisfactory and issued show-cause notice for non-compliance of the order---Companies deeply regretted the unintentional delay caused in compliance of the order---Counsel for the companies urged that they be allowed and granted further time to comply with directions of the order of the Commission---Fact was that a period of two years was granted for compliance, but not even once the companies approached the Commission to inform of the reasons for any expected delay; and that they approached the Commission upon lapse of the compliance period---Keeping in view the representation made by the counsel for the companies and repeated assurance for the commitment to ensure compliance with the order, and taking into account the plea for a lenient treatment, asserting determination to resolve the issue; extension was granted by Commission subject to certain conditions, which conditions were accepted by the companies. ORDER This order will dispose of the proceedings pursuant to Show-Cause Notices Nos.21 and 22 of 2010 (hereinafter referred to as 'SCNs') issued to Messrs Fauji Fertilizer Company Limited (hereinafter referred to as the 'FFC') and Messrs Fauji Fertilizer Bin Qasim Limited (hereinafter referred to as the 'FFBL') under the provisions of section 19(1) of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (hereinafter referred to as the 'MRTPO') read with section 59 of…

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