MEEZAN BEVERAGES (PVT.) LIMITED vs COMPETITION COMMISSION OF PAKISTAN Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MEEZAN BEVERAGES (PVT.) LIMITED VS COMPETITION COMMISSION OF PAKISTAN Ss.10 & 37(2)---Competition Commission (General Enforcement) Regulations, 2007, Regln. 16 (2)---Intellectual Property Organization of Pakistan Act (XXII of 2012), Ss. 3 & 16---Constitution of Pakistan, Art. 199---Constitutional petition---Deceptive market practice---Show cause notice---Inquiry officer, appointment of---Petitioner company was aggrieved of issuance of show cause notice by Competition Commission under Regln. 16(2) of Competition Commission (General Enforcement) Regulations, 2007, as a complaint had been filed by respondent company alleging deceptive marketing practices and an inquiry officer had been appointed---Validity---In terms of deceptive marketing practices, jurisdiction of Competition Commission under Competition Act, 2010 and Intellectual Property Organization or the Tribunal under Intellectual Property Organization of Pakistan Act, 2012, were distinct and separate in terms of ambit and scope of such laws and did not amount to any inconsistency or conflict of jurisdiction---Show cause notice issued by Competition Commission was not without jurisdiction---Constitutional jurisdiction of High Court as a normal rule could not be invoked on mere suspicion or apprehension when no substantive right was infringed and aggrieved party had right to advance its defence in response to a notice---Challenge to a show cause notice in constitutional jurisdiction at premature stage and tendency to bypass remedy provided under concerned statute amounted to fetter rights conferred on statutory functionaries specially constituted for the purpose to initially decide the matter---Objections of petitioner company would have been decided by Competition Commission during proceedings under show cause notice but such an occasion did not arise due to filing of petition before High Court---Petitioner company did not approach High Court with clean hands and resorted to uncalled for litigation, obstructing the Commission as a regulator empowered under the law to undertake and perform its routine functions and duties---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances.

MEEZAN BEVERAGES (PVT.) LIMITED vs COMPETITION COMMISSION OF PAKISTAN Ss — 2024 CLD 1107 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 CLD