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2022 CLD 790 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation
2022 CLD 790 COMPETITION COMMISSION OF PAKISTAN
Year
2022
Reporter
CLD
Provisions referred to
S. 5; S. 9; 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 Ss. 5, 8 & 9---Individual exemption---Block exemption procedure---Criteria for individual and block exemptions--- Concession agreements---Scope---Competition Commission recognizes the necessity of concession agreements in terms of mega-projects of national importance, for example concession agreements for port-terminals or airport fuelling facilities---Commission observed that exemptions under S. 5 or 8 of the Competition Act, 2010, should be applied for as soon as agreements (containing restrictive clauses) have been drafted on the promise that an executed version will also be provided to the Commission immediately upon execution of the agreement---While the Commission allows for exemptions in respect of agreements which satisfy the criteria established by S. 9 of the Competition Act, 2010, the regulation of such exempted agreements is of paramount importance for the diligent safeguard of public interest---Underlying principle justifying the grant of an exemption to an agreement containing restrictive clauses is that pro-competitive effects which the agreement results in will outweigh any distortion to competition law brought about by the same and in turn the public at large will benefit.

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