Law: Competition Ordinance, 2007

Section:

(a) Competition Ordinance (LII of 2007)--Ss. 4, 30, 31, 34, 35, 37 & 38---Entering into prohibited agreement---Imposition of penalty-Undertaking / association of cement manufacturers, in pursuance to the agreement arrived at between the members of the undertaking, raised the price of cement by rupees fifteen to rupees twenty per bag across the country---Competition Commission to collect evidence of any suspected collusive arrangement among members of the undertaking, under the powers conferred upon it under S.34 of Competition Ordinance, 2007, authorized a team of four officers of the Commission to enter and search the office of undertaking--Undertaking having obstructed said lawful search process, Competition Commission issued an order for forcible entry under S.35 of the Competition Ordinance, 2007---Agreement arrived at between the members of the undertaking facilitated its members to engage in practices, which prevented, restricted and reduced competition within the cement industry---Said agreement, prima facie, constituted 'prohibited agreement' in terms of S.4(1) of the Ordinance---Competition Commission, accordingly, took suo motu actions under Ss.30 and 31(b) of Competition Ordinance, 2007 and issued show-cause notice to the undertaking and all its members---Certain constitutional and legal objections were raised by the undertaking with regard to forcible entry---Validity---Authorization of forcible entry was granted in an administrative capacity---Both the requirements under S.35 of the Competition Ordinance, 2007, were fulfilled in order to entitle the members of the Commission to order the same-Officers of the Commission were refused, without reasonable cause to conduct the search and exercise powers under S.34 of Competition Ordinance, 2007---If an opportunity of hearing before the forcible entry was conducted, it would defeat the very purpose of the said entry---No question of opportunity of hearing would arise and no implication of the principles of natural justice, was to be invoked, because that was not the incriminating stage---Opportunity of being heard was provided before adjudging and giving a finding for committing any violation of law…

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