2022 CLD 450 COMPETITION COMMISSION OF PAKISTAN

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SHOW CAUSE NOTICE ISSUED TO MESSRS NESTLE PAKISTAN LIMITED ON COMPLAINT FILED BY MESSRS PARENTS PAKISTAN (SMC-PRIVATE) LTD. VS FOR DECEPTIVE MARKETING PRACTICES Ss. 2(1)(q), 37 & 10--- Deceptive marketing practices---Undertaking---Enquiries and studies---Registered association of consumers---Scope---Respondent objected to the complaint on the ground that mandatory requirements of S. 37(2) of Competition Act, 2010 were not fulfilled---Contentions of respondent were that the complainant was established to promote, run, manage and maintain educational institutions to impart training to parents and others; that such line of business could not be equated with performing functions as an 'association of consumers'; that the complainant was a single member company and by the very nature of notion, single member companies could not be equated with 'association of consumers' under any law; that there was no evidence on record which showed that the complainant had got itself registered as an 'association of consumers' with any registration authority and that the complainant had got registered just one day before filing the complaint, therefore, it could not be called an 'undertaking' as per S. 2(1)(q) of the Competition Act, 2010---Validity---Functions of the complainant included provision of educational services which brought it in the ambit of an undertaking---Subject of the present complaint was related to nutritional claims made by the respondent, which was again directly related to the function being performed by the complainant i.e. imparting training/ education to parents and others for overall wellbeing of children with specific focus on nurturing social and moral values, health, nutrition and balanced diet--- Objection of the respondent was turned down.

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