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2023 CLD 148 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation
2023 CLD 148 COMPETITION COMMISSION OF PAKISTAN
Year
2023
Reporter
CLD
Provisions referred to
S. 10---D; S. 10; 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 S. 10---Deceptive marketing practices---Information capable of harming business interests of another undertaking---Information lacking reasonable basis---Scope---Complainant complained that the respondent illegally capitalized on the COVID-19 pandemic by falsely advertising certain paint products to offer COVID-19 protection---Respondent contended that it manufactured an anti-bacterial paint which contained a substance called Benzalkonium Chloride (BKC) and that it had already stopped the alleged advertisements---Validity---Laboratory reports only pertained to the efficacy of BKC against bacteria and microbes but not against viruses, particularly COVID-19---Marketing practice of the respondent was to the prejudice and injury, not only of the consumers, but, also to other undertakings---Respondent had violated S. 10(2)(b) along with S. 10(2)(a) of the Competition Act, 2010---Respondent had contended that the sales of the product were minimal, however, record revealed that a significant portion of such sales was made to a hospital on 50% discount-purportedly as a Corporate Social Responsibility---Other studies showed BKC to have toxic elements that might cause respiratory issues---Respondent was also a major local player in the industry---Competition Commission imposed a minimal penalty, directed the respondent to withdraw any or all the batches of the products and inform the hospital regarding inefficacy of the claims---Show cause notice was disposed of accordingly. Head NotesCase Description

Other judgments reported in 2023 CLD

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