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. 4; 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. 4 & 2(1)(k)--- Prohibited agreements---Relevant market---Scope---Defining the relevant market is not essential for the application of S. 4 of the Competition Act, 2010---Under S. 4, the emphasis is on the restrictive activity or prohibition being carried out through, inter alia, the form of an 'agreement' which may have the object of preventing, restricting or reducing competition---As focus is more on the prohibited conduct, the definition of 'relevant market' under S. 4 is for reference purpose only---In particular, in cases where the very object of the prohibited conduct is deemed anti-competitive and the nature of the challenged restraint has the tendency to harm competition, there is no need to assess market definition or evidence of actual competitive harm.

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