2022 CLD 194 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation: 2022 CLD 194 COMPETITION COMMISSION OF PAKISTAN
Year: 2022
Reporter: CLD
Subject matter: Criminal
Provisions referred to: S. 4---P; S. 31; 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

VS S. 4---Prohibited agreement---Scope---Complainant's allegation was that the respondents had entered into contracts which had the effect of preventing, restricting, and reducing competition within the relevant market---Validity---Relevant market in the matter was provision of television audience measurement data and ratings to TV channels across Pakistan---First agreement excluded non-members of Pakistan Broadcasters Association from receiving ratings from Medialogic and included an extra criteria for non-members to obtain ratings from Medialogic---Along with that, Medialogic was also threatened with monetary consequences if they were to provide ratings to a non-member without prior approval of Pakistan Broadcasters Association---Non-members of Pakistan Broadcasters Association were also excluded from being part of Broadcasters Advertisers Council (second agreement), as there was no representation of them in their constitution, and third agreement prohibited Medialogic from providing services to non-members of Pakistan Broadcasters Association and non-members of Broadcasters Advertisers Council without prior approval from Broadcasters Advertisers Council---Competition Commission observed that the agreements between the respondents had the effect of foreclosing the market and creating barriers to entry for non-members and new market entrants---Commission issued directions of a prohibitory nature to the respondents under S. 31(b) of the Competition Act, 2010---Respondents were warned against engaging in any such activities in the future--- Proceedings were disposed of accordingly.

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