STRAWBERRY SPORTS MANAGEMENT (PRIVATE) LIMITED vs FEDERATION OF PAKISTAN through Secretary Finance Ss

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STRAWBERRY SPORTS MANAGEMENT (PRIVATE) LIMITED VS FEDERATION OF PAKISTAN through Secretary Finance Ss. 30, 31 & 37---Constitution of Pakistan, Art. 199---Constitutional petition---Dominant position---Scope---Petitioner company was refused no objection certificate by Pakistan Hockey Federation to convene junior hockey league event---Petitioner company assailed report of Competition Commission declining to initiate proceedings for absence of dominant possession of Pakistan Hockey Federation---Validity---Requirements of fairness were satisfied as petitioner company was given ample opportunity to make out a case by inquiry committee that Pakistan Hockey Federation had abused its dominant position---Despite such opportunities, petitioner company failed to make out such case and the reasons for forming opinion documented in Inquiry Report---Competition Commission did not deal with petitioner company unfairly or that there existed, in terms of S. 37 of Competition Act, 2010 an independent right to adjudicatory hearing, before the Commission had decided to file the complaint---Pakistan Hockey Federation was not occupying dominant position in market for junior hockey league, nor could it be presumed that the Federation was abusing its position by refusing to issue no objection certificate to patronize petitioner company in convening junior hockey league as a commercial sporting event---High Court in its extra ordinary Constitutional jurisdiction declined to interfere in the matter as petitioner company failed to point out that opinion of Competition Commission suffered from illegality, irrationality or procedural impropriety---Competition Commission of Pakistan as a statutory regulator, had expertise to form opinions within the domain prescribed by the Legislature in terms of provisions of Competition Act, 2010 and exercise of such regulatory power, where it did not infringe on fundamental rights of the citizens, ought not be subjected to searching scrutiny by the Court---Constitutional petition was dismissed, High in circumstances.

STRAWBERRY SPORTS MANAGEMENT (PRIVATE) LIMITED vs FEDERATION OF PAKISTAN through Secretary Finance Ss — 2025 CLD 15 ISLAMABAD

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