Law:

Section:

(a) Competition Ordinance (LII of 2007)--Ss. 4, 30, 37 & 41--Entering into prohibited agreements---Proceedings against Bank Association---Imposition of penalty---Appeal--Competition Commission took suo motu notice of the advertisement by Bank Associations, wherein the general public was informed that all banks had decided to introduce an Enhanced Saving Account (E.S.A), which would automatically convert PLS account with an average balance of Rs.20,000 to the E.S.A.--Show-cause notice was issued by the Competition Commission to the Banks Association for violating provisions of S.4 of Competition Ordinance, 2007--Single Member Bench of the Competition Commission, heard the matter and found the Banks Association in violation of S.4(1) of Competition Ordinance, 2007 and imposed penalties--Grounds of appeal as submitted by the Association could be categorized into four main issues: (i)procedural aspects,(ii)regulated conduct, (iii) application of S.4 of Competition Ordinance, 2007 and (iv) public interest---Regarding first category of ground, Association had contended that Competition Commission did not have the suo motu power to issue a show-cause notice under S.30 of the Competition Ordinance, 2007 without following the mandatory procedure of conducting an inquiry as laid down in S.37 of he Ordinance---Validity---While the suo motu power under S.37 of Competition Ordinance, 2007 dealt with conducting enquiries, it was by no means a pre-requisite for initiating proceedings under S.30 of Competition Ordinance, 2007---Had the intention of the Legislature be to have mandatory enquiry in every case before initiating proceedings under S.30 of Competition Ordinance, 2007, plain language could easily had been provided to reflect that intention---Commission was under no obligation to conduct an enquiry into the matter that was before the Single Member of Bench---No reason was available to place fetters on the lawful powers of the Competition Commission---Contention of the Association, was repelled, in circumstances. Moulana Atta ur Rehman v. Sardar Umar Farooq and others PLD 2008 SC 663, 672 ref. (b) Competition Ordinance (LII of 2007)--- ----Ss. 4, 30, 37, 41 &…

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