2025 CLD 1522 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation: 2025 CLD 1522 COMPETITION COMMISSION OF PAKISTAN
Year: 2025
Reporter: CLD
Provisions referred to: S. 31; S. 5; 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)(e), 3, 5, 11 & 31(1)(d)(i)---Competition (Merger Control) Regulations, 2016, Reglns. 4 & 6---Pre-merger application before Competition Commission---Acquisition of shareholding---Permission, seeking of---Share Purchase Agreement for acquisition of shareholding of Target/Company having been executed between the concerned undertakings i.e. Acquirer, Target and Seller---Held: Documentation/ information (application, attached documents, report etc.) reveal that the reportable market has been identified as "Downstream Automotive and Industrial Lubricants" while the relevant product market is "Oil Marketing Company" and the relevant geographic market is "Pakistan"---With the proposed investment by the Acquirer, the operations may be improved, bumping up its market share---Competition Commission found that the proposed transaction will not result in dominance of the Acquirer in the relevant market, post-transaction, as determined under Ss. 2(1)(e) & 3 of the Competition Act, 2010, therefore, the transaction under consideration be authorized under S.31(1)(d)(i) of the Competition Act, 2010, yet without prejudice / subject to any requirements/restrictions as well as matter(s) which may fall outside the scope of the Competition Commission's purview, which may require exemption under S. 5 of the Competition Act, 2010, read in conjunction with Regln. 4 of the Competition Commission (Exemption) Regulations, 2020---Merger application was allowed accordingly.

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