2026 CLD 113 COMPETITION COMMISSION OF PAKISTAN

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VS Ss. 11, 12 & 13---Competition (Merger Control) Regulations, 2016, Regln. 12---Merger---Scope---Entry of new parties---Pakistan Telecommunication Company Limited intended to acquire 100% ownership of Telenor Pakistan (Pvt.) Ltd., Telenor LDI Communications (Pvt.) Ltd. and Orion Towers (Pvt.) Ltd. (Targets)---Validity---Independent auditor to be appointed would be a Chartered Accountant Firm, in category 'A' of the panel of auditors as maintained by State Bank of Pakistan---Audit report by audit firm to Competition Commission for reporting period should include a separate para expressively and exclusively specifying whether they obtained reasonable information to form an opinion that the sperate accounts prepared had reflected true and fair view in due compliance to reporting framework provided by the Commission---Commission directed audit firm to also state in its report that related party transaction by PTCL and MergeCo during reporting period had been at arm's length transactions or not and whether substantial difference, if any, had been observed in such context for the cost of goods and /or services rendered and charged by associated undertakings for those transactions during the reporting period---Commission further directed the parties to ensure that necessary investments were timely made in view of the business plan it had submitted to the Commission so that required capacity was available to enable non-discriminatory and fair access to its infrastructure to ensure compliance with the conditions imposed upon the parties---Merger was allowed, in circumstances.

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