| Case ID |
0bccc501-39e7-4917-b004-f17acfbad740 |
| Body |
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| Case Number |
File No. 43/NAYATEL/C&TA/CCP/2016 |
| Decision Date |
Jun 03, 2021 |
| Hearing Date |
May 21, 2020 |
| Decision |
The Competition Commission of Pakistan found that Defense Housing Authority Islamabad/Rawalpindi (DHA-I) abused its dominant position by refusing to grant Nayatel the right of way to provide cable internet and telephony services. The Commission directed DHA-I to offer Nayatel the same terms and conditions for the right of way that it provides to other incumbent service providers such as PTCL and its subsidiary DHAI Teleman. The Commission emphasized the importance of ensuring free competition and protecting consumer choice in the relevant market. The decision highlighted that DHA-I's conduct was anti-competitive and detrimental to the interests of consumers and other service providers. |
| Summary |
This case involves the Competition Commission of Pakistan's ruling against Defense Housing Authority Islamabad/Rawalpindi (DHA-I) for abusing its dominant position in the market for cable internet and telephony services. The Commission found that DHA-I's refusal to grant Nayatel (Pvt.) Limited the right of way to install its infrastructure constituted an anti-competitive practice that restricted consumer choice and limited competition within DHA-I. The Commission directed DHA-I to provide Nayatel with the same access and terms as it offers to other providers, including its own subsidiary, DHAI Teleman. This ruling underscores the importance of competition in the telecommunications sector and aims to enhance consumer access to diverse service options. Keywords include Competition Act, telecommunications, consumer choice, anti-competitive practices, and market dominance. |
| Court |
Competition Commission of Pakistan
|
| Entities Involved |
Pakistan Telecommunication Company Limited,
Nayatel (Pvt.) Limited,
Defense Housing Authority Islamabad/Rawalpindi,
DHAI Teleman (Pvt.) Limited,
Transworld,
Wateen
|
| Judges |
MS. SHAISTA BANO, JUSTICE,
MS. BUSHRA NAZ MALIK, MEMBER
|
| Lawyers |
Muhammad Nisar Khattak,
Muhammad Fahad
|
| Petitioners |
Nayatel (Pvt.) Limited
|
| Respondents |
Defense Housing Authority Islamabad/Rawalpindi,
DHAI Teleman (Pvt.) Limited
|
| Citations |
2022 SLD 303,
2022 CLD 31
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Competition Act, 2010,
Pakistan Telecommunication (Re-organization) Act, 1996
|
| Sections |
2(1)(k),
3,
27-A,
4
|