A. RAHIM FOODS (PVT.) LIMITED vs K&N'S FOODS (PVT — 2023 CLD 1001 SUPREME-COURT

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A. RAHIM FOODS (PVT.) LIMITED VS K&N'S FOODS (PVT.) LIMITED S. 10(2)(d)---Deceptive marketing practices---Using a competitors product labelling and packaging in a deceptive marketing manner---In the present case, to determine the liability of appellant-company under section 10(2)(d) of the Competition Act, 2010 ('the Act'), the Competition Commission ('the Commission') specifically mentioned the criterion applied, that is, whether 'the striking similar packaging and labelling is misleading enough to cause confusion in the minds of the average consumer of a commodity, with the end result of an unjust advantage accruing to the copycat at the expense of and to the detriment of the complainant'---Commission further observed that it would examine the appearance of the product packaging and labelling 'as a whole which may collectively include visually confusing resemblances in elements of colour scheme, layout style, design, images, labels, font usages etc., instead of each individual similarity in isolation'---By applying this criterion the Commission recorded the findings of facts and held appellant-company liable for the contravention of section 10(2)(d) of the Act---Competition Appellate Tribunal ('the Tribunal'), affirmed the criterion applied and the findings of facts recorded by the Commission---Supreme Court observed that in determining the liability of appellant-company under section 10(2)(d) of the Act, the criterion applied by the Commission and affirmed by the Tribunal was legally correct, and the Commission and the Tribunal had correctly decided that the facts of the case fell within the prohibition of section 10(1) read with section 10(2)(d) of the Act---Appeals were dismissed.

A. RAHIM FOODS (PVT.) LIMITED vs K&N'S FOODS (PVT — 2023 CLD 1001 SUPREME-COURT

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