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

Case information

Citation
2022 CLD 670 COMPETITION COMMISSION OF PAKISTAN
Year
2022
Reporter
CLD
Parties
SHOW CAUSE NOTICES ISSUED TO DEL ELECTRONICS (PVT.) LIMITED AND ANOTHER vs Ss
Provisions referred to
S. 4---U; S. 4

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

SHOW CAUSE NOTICES ISSUED TO DEL ELECTRONICS (PVT.) LIMITED AND ANOTHER VS Ss. 4 & 2(k)---Prohibited agreements---Relevant market---Product market---Scope---Respondent disputed the definition of the relevant market in the Enquiry Report stating that it was not correct as it would include the products manufactured by respondent as well as its competitors operating in Pakistan---Contention was that there existed separate relevant markets for each type of home appliance and the same could be divided into different segments, for example, appliances like air conditioners, refrigerators, deep freezers, television sets and washing machines all fell in separate product categories and were not comparable with one another---Validity---Defining the 'relevant market' was not material for the application of S. 4---Under S. 4, the emphasis was on the restrictive activity or prohibition being carried out through, inter alia, the form of an 'agreement' which might have the object or effect of "preventing, restricting or reducing" competition---Where the very object/nature of the prohibited conduct was anti-competitive, there was no need to assess market definition or evidence of actual competitive harm---Relevant product market for respondent would, as stated in the Enquiry Report, included all its products across its dealer network as, under Cl. 2.1 of its Pricing Policy, no dealer was allowed to sell any of its products below the 'promise price' and respondent had itself admitted in its response to the Enquiry Committee that the price control policy was standardized and applied "across the board for all categories of dealers".

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