Overview on the Reform of Business System and Facilitation of Enterprise Regi...
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
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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
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SECTIONSECTION
SECTIONSECTION
SECTIONSECTION SECTIONSECTION
PREMERGER
NOTIFICATION
PHASE I
REVIEW
30 DAYS
PHASE II
REVIEW
90 DAYS
ORDER
ORDER