Law: Competition Ordinance, 2009

Section: 4

(a) Competition Ordinance (XLVI of 2009)--Ss. 4, 37 & 41---Enquiry on complaint---Appeal to Appellate Bench of the Commission---Complaint having been dismissed in terms of the recommendations of the Enquiry report, appeal had been filed by the complainant against order of dismissal of the complaint--Contention of counsel for the complainant was that adverse remarks were made against the complainant in the enquiry without providing an opportunity of hearing and to defend the same-Validity-Where a complaint had been filed and the findings of the enquiry did not indicate any prima fade violation and/or give any adverse findings against the complainant, it would be only fair and in accordance with the principles of natural justice that prior to the disposal of the complaint, an opportunity of hearing be given to the complainant. [196611 All. E. R. P. C. 545; [1966)3 All E.R. P. C.863; [1982)1 All E.R. P.C. 35; [198413 All E.R. C.A. 201; PLD 1964 SC 410 and 1994 SCMR 1299 ref. (b) Competition Ordinance (XLVI of 2009)--- ---S. 37-Enquiry against complaint---Scope---Commission could initiate enquiry on three instances; on its own (suo motu) upon reference made by the Federal Government and on complaint. ORDER RAHAT KAUNAIN HASSAN, MEMBER (LEGAL).---This Appeal was filed on December 18, 2009 against the order dated October 2, 2009 passed by a Single Member (hereinafter referred to as the 'Impugned Order') whereby the complaint filed by Fecto Belarus Tractors (Pvt.) Limited (the "appellant") was dismissed in terms of the recommendations in the Enquiry Report dated 29-9-2009. It was held in the Impugned Order that the complainant failed to make out any violation of Chapter II of the Competition Ordinance, 2009 (hereinafter referred to as the 'Ordinance'); therefore, proceedings under section 30 of the Ordinance could not be initiated. Hence, the complaint was dismissed. 2. Hearing in the subject appeal was held on February 15, 2010. The counsel for the appellant and Shehzad Trade Links (hereinafter referred to as "STL or respondent') argued the matter at length. Briefly, as per the submissions of the appellant's counsel, the appeal raises the following grounds:-- a)…

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