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This action is always wrong and generally illegal. It
can subject your company and you to civil liability.
This action may be wrong or permitted, depending
on the particular facts. You must consult with
lawyers/consultants and get approval before taking
the action.
This action is always permitted.
The enforcement of competition law promotes healthy competition
practices between businesses by providing a level playing field.
Businesses are, however, often unsure of what actions might
violate competition rules. This brochure outlines anti-competitive
practices in a bid to help businesses to refrain from such activities.
For further information visit our website:
www.cc.gov.pk
Competition Commission of Pakistan
Creating a level playing field
COMPLIANCECOMPLIANCECOMPLIANCECOMPLIANCE &&&& ENFORCEMENTENFORCEMENTENFORCEMENTENFORCEMENTCOMPLIANCE & ENFORCEMENTCOMPLIANCE & ENFORCEMENT
Complaints
If you are affected by an anti-competitive activity being undertaken by some
business, you can complain to CCP about it by calling at 051-9100260-263 or by
emailing at complaints@cc.gov.pk
Whistle-blowing
If you have inside information with respect to any prohibited agreement entered
into by a business, you may approach the Commission under the Reward
Payment for Informants Scheme. Your identity will remain confidential. If the
information provided is accurate, verifiable and useful in CCP's anti-cartel
enforcement, you will be eligible to receive a reward.
Leniency
A business which is party to a prohibited agreement can apply to CCP for
leniency, if:
• it immediately stops participating in the prohibited activity; and
• provides timely and material information about a prohibited agreement.
Leniency applicants may be granted full immunity or a reduction in penalties
to be imposed.
Inspections
Under the law CCP has the power to authorise its
officers to conduct an‘enter & search’inspection in
the premises of an undertaking to gather evidence
about suspected anti-competitive behavior.
Officers who conduct inspections are trained to
collect only relevant information and avoid
confrontation. To ensure compliance with the law,
businesses should cooperate with the inspection
teams.
An overviewAn overviewAn overviewAn overviewAn overviewAn overview
C O M P E T I T I O N L A WC O M P E T I T I O N L A WC O M P E T I T I O N L A WC O M P E T I T I O N L A WC O M P E T I T I O N L A WC O M P E T I T I O N L A W
F O R B U S I N E S S E SF O R B U S I N E S S E SF O R B U S I N E S S E SF O R B U S I N E S S E SF O R B U S I N E S S E SF O R B U S I N E S S E S
33 1010
1111
A business with significant market power must be careful that its actions do not exclude
competitors or exploit other stakeholders in the market.
Businesses must be careful with regards to the claims they make in their marketing
campaigns, promotional material and packaging.
Businesses must not enter into agreements which lessen or eliminate competition in
the market.
Mergers that substantially lessen competition are prohibited. All mergers that meet the
pre-notification thresholds must first be cleared by the Commission.
Parties should notify CCP as soon as they agree in principle to proceed with a merger.
Prohibited agreements that contribute to economic efficiency and technological
development can be exempted either individually or through block exemptions.
Unreasonably increasing prices
Pricing below cost to drive out competitors
Tying the sale of products or services
Refusing to supply essential input to competitors in a downstream market
Applying discriminatory trading conditions on different parties without
reasonable justification
Mergers and
Acquisitions
DECEPTIVE
MARKETING
Agreeing with competitors to fix prices
Agreeing with competitors to divide markets
Rigging the outcome of bidding in collusion with other bidders
Foreclosing downstream markets
Conducting R&D jointly with competitors
Participating in trade association meetings
Imposing a non-compete obligation on your distributors
Distributing false or misleading information that is likely to harm business
interest of competitors
Distributing false or misleading information to consumers
Conducting false or misleading comparison of goods and services
Fraudulently using the trademark, firm name or product packaging of
another business
ANTI-COMPETITVE BEHAVIORANTI-COMPETITVE BEHAVIORANTI-COMPETITVE BEHAVIORANTI-COMPETITVE BEHAVIORANTI-COMPETITVE BEHAVIORANTI-COMPETITVE BEHAVIOR
44
SECTIONSECTION
SECTIONSECTION
SECTIONSECTION SECTIONSECTION
PREMERGER
NOTIFICATION
PHASE I
REVIEW
30 DAYS
PHASE II
REVIEW
90 DAYS
ORDER
ORDER

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Brochure 2

  • 1. This action is always wrong and generally illegal. It can subject your company and you to civil liability. This action may be wrong or permitted, depending on the particular facts. You must consult with lawyers/consultants and get approval before taking the action. This action is always permitted. The enforcement of competition law promotes healthy competition practices between businesses by providing a level playing field. Businesses are, however, often unsure of what actions might violate competition rules. This brochure outlines anti-competitive practices in a bid to help businesses to refrain from such activities. For further information visit our website: www.cc.gov.pk Competition Commission of Pakistan Creating a level playing field COMPLIANCECOMPLIANCECOMPLIANCECOMPLIANCE &&&& ENFORCEMENTENFORCEMENTENFORCEMENTENFORCEMENTCOMPLIANCE & ENFORCEMENTCOMPLIANCE & ENFORCEMENT Complaints If you are affected by an anti-competitive activity being undertaken by some business, you can complain to CCP about it by calling at 051-9100260-263 or by emailing at complaints@cc.gov.pk Whistle-blowing If you have inside information with respect to any prohibited agreement entered into by a business, you may approach the Commission under the Reward Payment for Informants Scheme. Your identity will remain confidential. If the information provided is accurate, verifiable and useful in CCP's anti-cartel enforcement, you will be eligible to receive a reward. Leniency A business which is party to a prohibited agreement can apply to CCP for leniency, if: • it immediately stops participating in the prohibited activity; and • provides timely and material information about a prohibited agreement. Leniency applicants may be granted full immunity or a reduction in penalties to be imposed. Inspections Under the law CCP has the power to authorise its officers to conduct an‘enter & search’inspection in the premises of an undertaking to gather evidence about suspected anti-competitive behavior. Officers who conduct inspections are trained to collect only relevant information and avoid confrontation. To ensure compliance with the law, businesses should cooperate with the inspection teams. An overviewAn overviewAn overviewAn overviewAn overviewAn overview C O M P E T I T I O N L A WC O M P E T I T I O N L A WC O M P E T I T I O N L A WC O M P E T I T I O N L A WC O M P E T I T I O N L A WC O M P E T I T I O N L A W F O R B U S I N E S S E SF O R B U S I N E S S E SF O R B U S I N E S S E SF O R B U S I N E S S E SF O R B U S I N E S S E SF O R B U S I N E S S E S
  • 2. 33 1010 1111 A business with significant market power must be careful that its actions do not exclude competitors or exploit other stakeholders in the market. Businesses must be careful with regards to the claims they make in their marketing campaigns, promotional material and packaging. Businesses must not enter into agreements which lessen or eliminate competition in the market. Mergers that substantially lessen competition are prohibited. All mergers that meet the pre-notification thresholds must first be cleared by the Commission. Parties should notify CCP as soon as they agree in principle to proceed with a merger. Prohibited agreements that contribute to economic efficiency and technological development can be exempted either individually or through block exemptions. Unreasonably increasing prices Pricing below cost to drive out competitors Tying the sale of products or services Refusing to supply essential input to competitors in a downstream market Applying discriminatory trading conditions on different parties without reasonable justification Mergers and Acquisitions DECEPTIVE MARKETING Agreeing with competitors to fix prices Agreeing with competitors to divide markets Rigging the outcome of bidding in collusion with other bidders Foreclosing downstream markets Conducting R&D jointly with competitors Participating in trade association meetings Imposing a non-compete obligation on your distributors Distributing false or misleading information that is likely to harm business interest of competitors Distributing false or misleading information to consumers Conducting false or misleading comparison of goods and services Fraudulently using the trademark, firm name or product packaging of another business ANTI-COMPETITVE BEHAVIORANTI-COMPETITVE BEHAVIORANTI-COMPETITVE BEHAVIORANTI-COMPETITVE BEHAVIORANTI-COMPETITVE BEHAVIORANTI-COMPETITVE BEHAVIOR 44 SECTIONSECTION SECTIONSECTION SECTIONSECTION SECTIONSECTION PREMERGER NOTIFICATION PHASE I REVIEW 30 DAYS PHASE II REVIEW 90 DAYS ORDER ORDER