2025 CLD 355 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation: 2025 CLD 355 COMPETITION COMMISSION OF PAKISTAN
Year: 2025
Reporter: CLD
Provisions referred to: S. 2; S. 4; 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), 2(1)(b) & 4---Dairy and Cattle Farmers Associations---Association of 'undertakings'---Scope---Whether the number of Dairy and Cattle Farmers Associations based in different level/cities (Respondents/Associations) are 'undertakings'---Held, that as per the definition of 'undertaking' under S. 2(1)(q) of Competition Act, 2010, the 'undertaking' shall include an association of undertaking , and formal membership of an association of undertakings is not required for the application of the Competition Act, 2010---Agreement, understandings or acquiescence to decisions of association of undertakings that aim to restrict free market competition shall fall within ambit of S. 2(1)(b) read with S. 4 of the Act, 2010---Emphasis is placed on the substance of the arrangement and its effect on competition, rather than formal membership of an association of undertakings---Thus, an association of undertakings, howsoever, established and whether or not it has formal membership, will fall within the ambit of S. 2(1) (q) of the Act, 2010, even without being directly involved in economic activities.

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