DAWN CABLE vs COMPETITION COMMISSION OF PAKISTAN False — 2023 CLD 1528 COMPETITION-APPELLATE-TRIBUNAL

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DAWN CABLE VS COMPETITION COMMISSION OF PAKISTAN False---Defined. Head NotesCase Description Citation Name: 2023 CLD 1528 COMPETITION-APPELLATE-TRIBUNALBookmark this Case DAWN CABLE VS COMPETITION COMMISSION OF PAKISTAN Ss. 10(1), (2) & 42--- Competition Commission (General Enforcement) Regulations, 2007, Reglns. 33 & 37--- Deceptive marketing practices---False or misleading information to consumers---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--- Appellant inserted cash coupons in packaging of electric cable bundles without proper disclosure---In order to make purchase decision, such information must be considered as material information that could impact consumers purchase decision, who was acting reasonably under the circumstance---Material information about product included details such as product specifications, pricing, product benefits and warranties---Appellant did not disclose presence of cash coupons on product packing or on any other promotional material---Material information was omitted by appellant with the intention of deceiving consumer in order to benefit electricians who were primary source of consumer purchase decision---Competition Appellate Tribunal declined to interfere in the order as the Competition Commission appropriately considered commitment filed by appellant and had imposed minimum penalty in accordance with Regln. 37 of Competition Commission (General Enforcement) Regulation, 2007, as compared to other undertakings of same industry who did not cooperate with the Commission--- Appeal was dismissed accordingly. Head NotesCase Description Citation Name: 2023 CLD 1528 COMPETITION-APPELLATE-TRIBUNALBookmark this Case DAWN CABLE VS COMPETITION COMMISSION OF PAKISTAN Misleading---Defined. Head NotesCase Description Citation Name: 2023 CLD 1528 COMPETITION-APPELLATE-TRIBUNALBookmark this Case DAWN CABLE VS COMPETITION COMMISSION OF PAKISTAN Preamble---Competition Act, 2010 ensures that all commercial and economic activity is conducted fairly and without anti-competitive behavior in order to promote increased economic efficiency and to protect consumers---Provisions of Competition Act, 2010, prohibit undertakings from such actions which constitute abuse of market dominance, prohibited agreements and deceptive marketing practices. Head NotesCase Description

DAWN CABLE vs COMPETITION COMMISSION OF PAKISTAN False — 2023 CLD 1528 COMPETITION-APPELLATE-TRIBUNAL

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