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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. 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. 30 & 4---Proceedings in case of contravention---Prohibited agreements---Standard of proof---Scope---Undertakings argued that the burden of proof is on the Commission to establish the contraventions and that the standard of proof must be that of 'beyond reasonable doubt'---Validity---It is normal for the activities relating to anti-competitive practices and agreements to take place in a clandestine fashion and for documentation to be reduced to a minimum---Even if evidence is discovered, it will normally be only fragmentary and sparse so it is often necessary to reconstitute certain details by inferences---Even if there is fragmentary evidence attached to the Enquiry Report it would be normal for a cartel like arrangement---Commission must consider not only the findings of the Enquiry Report, but submissions and documents put on record by the undertakings and whether the alleged anti-competitive conduct has the object or effect of preventing or reducing competition in the relevant market---Even if the alleged anti-competitive conduct is the result of a single meeting or a single occasion, it would be sufficient to hold an agreement to be prohibited for the purposes of S. 4 of Competition Act, 2010.

Other judgments reported in 2022 CLD

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