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PAKISTAN SUGAR MILLS ASSOCIATION (PSMA) AND MEMBER UNDERTAKINGS vs S. 4 — 2022 CLD 1068 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation
2022 CLD 1068 COMPETITION COMMISSION OF PAKISTAN
Year
2022
Reporter
CLD
Parties
PAKISTAN SUGAR MILLS ASSOCIATION (PSMA) AND MEMBER UNDERTAKINGS vs S. 4
Provisions referred to
S. 4---

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

PAKISTAN SUGAR MILLS ASSOCIATION (PSMA) AND MEMBER UNDERTAKINGS VS S. 4--- Prohibited agreement---Exchange of commercially sensitive information--- Sharing stock information--- Scope--- Competition Commission issued show cause notice to an association of undertakings and member undertakings for making a decision regarding the sharing of stock information, a commercially sensitive information, by all member undertakings with their association and for participation in a series of meetings and communications during which the information was exchanged---[Per Ms. Rahat Kaunain Hassan, Chairperson and Mujtaba Ahmad Lodhi, Member (Majority view): Each undertaking had taken part in a concerted action together with its competitors the purpose of which was to influence conduct on the market, including collectively determining exportable surplus of stock, controlling supply thereto and to exploit as well as influence the independent commercial policy of each independent undertaking---Sharing of information had to be treated as per se violation where stock information was the ultimate factor leading to price competition in the relevant market---Competition Commission imposed penalty on the undertakings and directed them to discontinue the violations]---[Per Ms. Shaista Bano, Member and Ms. Bushra Naz Malik, Member (Minority view): Stock information classified by Enquiry Committee as "highly sensitive" was shared with the Cane Commissioners, who shared the data with other agencies and instrumentalities of the Provincial and Federal Governments---Stock information was not of a nature which was only available and known to the undertaking concerned---Enquiry Committee had failed to prove that the stock information was commercially sensitive information.

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