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PAKISTAN SUGAR MILLS ASSOCIATION (PSMA) AND MEMBER UNDERTAKINGS vs S. 30 — 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. 30
Provisions referred to
S. 30---Q; 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 S. 30---Qanun-e-Shahadat (10 of 1984), Arts. 1(2) & 165---Proceedings in case of contravention---Qanun-e-Shahadat, 1984 to override other laws---Standard of proof---Burden of proof---Scope---Undertakings argued that the Enquiry Report must establish the requisite legal standard for alleged violations of the Competition Act, 2010; that the burden of proof is on the Enquiry Committee to establish the contraventions; that the standard of proof must be that of 'beyond reasonable doubt' and that the presumption of innocence is enshrined under Art. 10A of the Constitution, hence, a fundamental right, the protection thereof being mandatory---Validity---Commission being an Administrative Tribunal and discharging quasi-judicial functions as well as administrative functions, is not bound by the formal laws of evidence and procedure---Nature of the Competition Act, 2010 itself and the penalties imposed are remedial in nature---Standard of proof is not one of 'beyond reasonable doubt' being the criminal standard but one of a civil standard based on the 'balance of probabilities'---Undertakings must adduce evidence, which could rebut the findings on which the Commission or Enquiry Committee forms the basis for its conclusions concerning the alleged anti-competitive conduct---Undertakings must put forward arguments which cast the facts established by the Commission in a different light, allowing another plausible explanation.

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