SHOW CAUSE NOTICES ISSUED TO DEL ELECTRONICS (PVT.) LIMITED AND ANOTHER vs S. 33

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SHOW CAUSE NOTICES ISSUED TO DEL ELECTRONICS (PVT.) LIMITED AND ANOTHER VS S. 33---Qanun-e-Shahadat (10 of 1984), Art. 133---Constitution of Pakistan, Art. 175---Powers of the Commission in relation to a proceeding or enquiry---Cross-examination of enquiry officer---Scope---Respondent sought permission to cross-examine the officers of the Enquiry Committee---Validity---Competition Commission is not a 'court' under Art. 175 of the Constitution of Pakistan---Enquiry stage is a simple fact-finding mission where the Enquiry Committee is not deciding any matter, but only collecting materials for ascertaining whether a prima facie case is made out and serves as the investigative arm of the Commission---Officers of the Enquiry Committee themselves do not provide any personal statements on oath as 'witnesses' or record their own statements as evidence---Any conclusion/analysis of the Enquiry Committee in the Enquiry Report are based on actual documents/evidence collected from an undertaking's own premises or provided by the undertaking itself---Enquiry Report also includes analysis of the market, where required, which is again based on current market conditions and information that is generally publically available or shared with government agencies---Any alleged 'incriminating' material or findings are shared with the undertaking in the form of an Enquiry Report where the undertaking has an opportunity to rebut the same before the Commission by clarifying the same or presenting its own set of facts---Proceedings under the Competition Act, 2010 are not adversarial but inquisitorial in nature---Commission itself cannot be considered to be an 'adverse party' for the purposes of the provisions of the Qanun-e-Shahadat, 1984---Commission is conferred with certain powers of a civil court to the extent of the matters specified therein---Section 33 does not make the Commission a 'court' bound strictly by the laws of evidence---Enquiry officers of the Competition Commission cannot be cross-examined.

SHOW CAUSE NOTICES ISSUED TO DEL ELECTRONICS (PVT.) LIMITED AND ANOTHER vs S. 33 — 2022 CLD 670 COMPETITION COMMISSION OF PAKISTAN

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