NATION CABLE vs COMPETITION COMMISSION OF PAKISTAN Ss — 2023 CLD 1501 COMPETITION-APPELLATE-TRIBUNAL

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NATION CABLE VS COMPETITION COMMISSION OF PAKISTAN Ss. 10(1), (2) & 42--- Competition Commission (General Enforcement) Regulations, 2007, Reglns. 33 & 37---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Deceptive marketing practices---False or misleading information to consumers---Onus to prove---Commitment by undertaking---Scope---Appellant was aggrieved of penalty imposed by Competition Commission for committing deceptive marketing by non-disclosure of presence of cash coupons inside packing bundle without any advertisement--- Validity--- Presence of material information, which had beneficial value for consumer, must be communicated---Onus was on the undertaking to disseminate all material information in relation to a product to consumer---Such omission on the part of appellant by not disclosing presence of cash coupons was distribution of misleading information---Such omission constituted deceptive marketing practice and violated Ss. 10(1) & (2)(b) of Competition Act, 2010---Aim of Competition Act, 2010, was to provide free competition in all spheres of commercial and economic activity---If undertakings were allowed to advertise their products without reasonable basis and prior disclosures, such would put them at unfair advantage, as they would take benefit of their omissions---Such omissions would also be capable of harming business interest of other undertakings---Appellant filed commitment before the Commission but had taken contradictory stance and also raised fresh ground of mistaken identity, which was neither raised in appeal nor before the Commission---Competition Appellate Tribunal declined to interfere in the order as the Commission already took a lenient view and had imposed lesser penalty keeping in view the commitment made by appellant---Appeal was dismissed accordingly. Head NotesCase Description Citation Name: 2023 CLD 1501 COMPETITION-APPELLATE-TRIBUNALBookmark this Case NATION CABLE VS COMPETITION COMMISSION OF PAKISTAN S. 42---appeal---New ground---Scope---Parties cannot depart from pleadings---Ground not taken in pleadings regarding a factual position cannot be allowed to be taken at subsequent stage---If there is contradiction or inconsistency in pleadings and arguments, then such argument has to be disregarded by Court---No new evidence beyond the scope of pleadings is permissible to be brought on record and Court should not consider such evidence. Head NotesCase Description

NATION CABLE vs COMPETITION COMMISSION OF PAKISTAN Ss — 2023 CLD 1501 COMPETITION-APPELLATE-TRIBUNAL

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