DALDA FOODS LIMITED vs The COMPETITION COMMISSION OF PAKISTAN Ss — 2022 CLD 10 ISLAMABAD

Case information

Citation: 2022 CLD 10 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: CLD
Parties: DALDA FOODS LIMITED vs The COMPETITION COMMISSION OF PAKISTAN Ss
Subject matter: Criminal
Provisions referred to: S. 37; S. 30; Competition Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DALDA FOODS LIMITED VS The COMPETITION COMMISSION OF PAKISTAN Ss. 30 & 37---Competition Commission of Pakistan (CCP)--- Exercise of jurisdiction---Pre-conditions---Competition Commission of Pakistan must ensure that there exists reasonable basis to exercise its statutory authority to intrude into the affairs of an undertaking and employ its resources to inquire into and alleged infraction under Competition Act, 2010--- In exercise of its authority under S. 37 of Competition Act, 2010, CCP is only required to form a preliminary opinion that there exist "facts as appear to constitute a contravention of provision" Competition Act, 2010---In exercise of its powers under S. 30 of Competition Act, 2010, CCP must be "satisfied that there has been or likely to be a contravention of any provision of Chapter II"--- Possibility of infringement provision of Competition Act, 2010 by an undertaking can always exist but such is not sufficient to trigger an investigation under S. 37 of Competition Act, 2010---Commission does not have unbridled authority to order an inquiry on the basis of a hunch alone--- Prior to ordering an inquiry, CCP must determine, in view of the facts before it that a contravention of a provision of Competition Act, 2010 seems plausible based on prima facie evidence---Commission then can order an inquiry to confirm veracity of such plausible cause, which once confirmed would graduate to the stage of proceedings under S. 30 of Competition Act, 2010.

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