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PAKISTAN SUGAR MILLS ASSOCIATION (PSMA) AND MEMBER UNDERTAKINGS vs Ss — 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 Ss
Provisions referred to
S. 30; S. 34; 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

PAKISTAN SUGAR MILLS ASSOCIATION (PSMA) AND MEMBER UNDERTAKINGS VS Ss. 28, 30, 33, 34, 36 & 50---Competition Commission (Duties and Responsibilities of Registrar) Regulations, 2016, Regln. 5---Functions and powers of the Commission---Delegation of powers---Scope---Undertakings argued that the requisite approval/authority was not duly delegated to the Enquiry Officers, the Registrar and the Secretary of the Commission, hence, the show cause notices issued under S. 30 of the Competition Act, 2010 were invalid---Validity---Section 28(2) of the Competition Act, 2010 had provided the Commission with the power to delegate all or any of its functions and powers to any of its Members or officers as it deemed fit---Commission had delegated all powers under Ss. 33, 36 & 50 of the Competition Act, 2010 to the Enquiry Committee during the course of enquiry, which included the discovery and production of any document or other material object as evidence---Registrar was competent under Regulation 5(m) of the Competition Commission (Duties and Responsibilities of Registrar) Regulations, 2016 to draft and issue the show cause notice with the approval of the competent authority (which was duly given by the Commission in a meeting)---Commission in its meeting and through resolution by circulation had specifically authorized the Secretary to the Commission to issue the authorization for the search and inspections under S. 34 of the Competition Act, 2010.

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