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2022 CLD 194 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation
2022 CLD 194 COMPETITION COMMISSION OF PAKISTAN
Year
2022
Reporter
CLD
Provisions referred to
S. 23---E; S. 23; Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002); Scope---Competition Act; Pakistan Electronic Media Regulatory Authority Ordinance; 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 Preamble & Chap. II [Ss. 3 to 11]---Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002), S. 23---Exclusion of monopolies---Prohibition of abuse of dominant position, certain agreements, deceptive marketing practices and approval of mergers---Special and general law---Scope---Competition Act, 2010, is a special law when it comes to matters of competition---Although S. 23 of Pakistan Electronic Media Regulatory Authority Ordinance, 2002, does provide some guidance on the exclusion of monopolies but the Competition Act, 2010, is a special law on this matter as the violations such as abuse of dominant position, prohibited agreements, approval and non-approval of mergers and acquisitions and deceptive marketing practices are covered in detail under the Act to ensure consumer welfare and a free and open market to all competitors---Pakistan Electronic Media Regulatory Authority Ordinance, 2002, contains no provisions which envisage or provide for an enforcement mechanism to remedy anti-competitive practices---Pakistan Electronic Media Regulatory Authority Ordinance, 2002, appears to be a special law when it comes to the regulation of, inter alia, licensed activities---For alleged anti-competitive practices, Competition Act, 2010, is the special law for all such purposes and the Commission has the power to take cognizance of such matters.

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