SEARLE PAKISTAN LTD. vs The COMPETITION COMMISSION OF PAKISTAN action taken in public interest

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SEARLE PAKISTAN LTD. VS The COMPETITION COMMISSION OF PAKISTAN action taken in public interest---Scope---Where action is to be taken in public interest, it does not mean that such action must be in advancement of public interest, what is required is that it should not harm or prejudice the public interest. Citation Name: 2024 CLD 1314 KARACHI-HIGH-COURT-SINDH SEARLE PAKISTAN LTD. VS The COMPETITION COMMISSION OF PAKISTAN S.11---Proceedings against contravention---Limitation---There is no time limitation given in S. 11 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970. Citation Name: 2024 CLD 1314 KARACHI-HIGH-COURT-SINDH SEARLE PAKISTAN LTD. VS The COMPETITION COMMISSION OF PAKISTAN Ss. 3, 4, 11 & 20---Undue concentration of economic power---Past and future conduct---Pubic interest---Appellant was aggrieved of order passed by Monopoly Control Authority---Held, that power of the Authority, under S. 11 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 was in no manner restricted to future transactions only---Power to pass an order could be exercised if "there has been" a contravention i.e. if past conduct of parties constituted contravention of law and also if there "is likely to be a contravention" i.e. future conduct of parties---Monopoly Control Authority could not only pass an order directing future course of action but could also correct past unlawful conducts and could direct the person, found to be in breach of the law, to return the benefit that had been siphoned wrongfully---If this was not done, then the person violating law would be unjustly enriched and his act would defeat the very purpose of law---High Court declined to interfere in conclusion drawn by Monopoly Control Authority in its order as there was a limited scope of appeal under S. 20 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 and there was no transgression of authority---Appeal was dismissed in circumstances.

SEARLE PAKISTAN LTD. vs The COMPETITION COMMISSION OF PAKISTAN action taken in public interest — 2024 CLD 1314 KARACHI-HIGH-COURT-SINDH

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