2025 CLD 1065 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation: 2025 CLD 1065 COMPETITION COMMISSION OF PAKISTAN
Year: 2025
Reporter: CLD
Provisions referred to: S. 2; S. 10; S. 38; Companies Act; 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 Ss. 2(1)(q) & 10(2)(a) & (b)---Term, "undertaking"---Deceptive marketing practice---Misleading advertisement---Disclaimer---Effect---Show-cause notice was issued to respondent establishment for advertisement in newspaper offering attractive packages to teachers seeking to join an online educational program---Validity---Respondent-establishment was engaged in providing educational services and was registered with Securities and Exchange Commission of Pakistan under Companies Act, 2017, therefore, was qualified to be an undertaking as defined in S. 2(1)(q) of Competition Act, 2010---Once a false or misleading impression was created, subsequent clarifications, whether on a website or elsewhere could not remedy its deceptive effect---It was responsibility of respondent-establishment to ensure that material information was clearly and prominently disclosed within the advertisement itself---Disclaimers must serve to clarify not contradict primary message---Respondent-establishment violated S. 10(2)(b) of Competition Act, 2010 by disseminating misleading information regarding projected earnings, affiliations and qualifications of its Board of Directors---Such misrepresentations were capable of harming business interests of other undertakings thereby constituting violation of S. 10(2)(a) of Competition Act, 2010---Competition Commission directed to initiate criminal proceedings before Court of competent jurisdiction against respondent-establishment pursuant to S. 38 of Competition Act, 2010 and also imposed penalty upon respondent-establishment---Show-cause notice was disposed of accordingly.

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