Case Details

Citation(s)
2010 SLG 655 2010 SLD 655 2010 CLD 1478

File No.2(1) / Dir.(L)CCP / 2008) and File No.2(6) / Dir(L) / CCP/2008, decision dated: 29-09-2009
MS. RAHAT KAUNAIN HASSAN, MEMBER (LEGAL & OFT)

CHINA MOBILE PAK LIMITED AND MESSRS PAKISTAN TELECOM MOBILE LIMITED

Law:

Section:

(a) Competition Ordinance (LII of 2007)--S. 10---Entering into deceptive marketing practices---Effect---Competition Commission took suo motu notice of the advertisements of undertaking whereunder its '8 Anay per call' offer was advertised on various media channels---Competition Commission found that the information provided by the undertaking_ relating to '8 Anay per call' offer was not in conformity with the advertisement---Show­cause notice was issued to the undertaking-Held advertisement of '8 Anay per call' offer being false and misleading, was deceptive and in violation of subsection (1) of S.10 of Competition Commission Ordinance, 2007 and also of clause (b) of subsection (2) of said section and lacked the reasonable basis regarding the price i.e. call rates, exclusive or inclusiveness of Government taxes being not specified and its character i.e. the duration of call at which the rates were applicable was not stipulated clearly---While those factors were misleading in some way or the other, statement made in the advertisement, was false and contrary to facts advertised---Said advertisement was violative of S.10 of Competition Ordinance, 2007, however the undertaking having stopped its advertisement after issuance of show-cause notice and submitted its willingness to comply with provisions of S.10 of Competition Ordinance, 2007, no penalty was imposed---Undertaking, however, was reprimanded that in future Competition Commission would take a very strict view of any or all non-compliances or contraventions of the Competition Ordinance, 2007. (b) Competition Ordinance (LII of 2007)--- ----S. 10---Entering into deceptive marketing practices---Effect---Competition Commission took suo motu notice of the advertisement of undertaking to clarify and furnish information regarding the advertisement and tariff of U fone's U Won Package, in which the information was disseminated to consumer; that they could now make calls to other networks at the cheapest rates not in Pakistan, not in Asia, but world-wide---Since the claims made by the undertaking of its advertised 'Uwon Package' and the actual facts, appeared to be contradictory and misleading, a show-cause notice…
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