| Case ID |
0c72e297-2a23-4a35-92ce-6f4de0817ea1 |
| Body |
View case body. Login to View |
| Case Number |
F. No. 382/PESCO/C&TA/CCP/2020 |
| Decision Date |
Dec 13, 2022 |
| Hearing Date |
|
| Decision |
The Competition Commission of Pakistan found that the Peshawar Electric Supply Company Ltd. (PESCO) had abused its dominant position by imposing unfair trading conditions and price discrimination against the complainants, Cyber Internet Services (Private) Limited and Nayatel Private Ltd. The Commission ruled that PESCO's actions were in violation of Section 3 of the Competition Act, 2010, which prohibits abuse of a dominant position. The Commission directed PESCO to restore access to the right of way for the complainants on fair, reasonable, and non-discriminatory terms and not to repeat the prohibited acts. Furthermore, PESCO was warned that failure to comply with this directive would result in penalties. |
| Summary |
The case involves the Competition Commission of Pakistan's ruling against Peshawar Electric Supply Company Ltd. (PESCO) for abusing its dominant position in the market for right of way for aerial cables. The Commission's findings highlighted that PESCO was imposing unfair conditions and discriminating against internet service providers (ISPs) by charging them significantly higher fees compared to normal TV cable operators. This ruling is significant in ensuring fair competition in the telecommunications sector, promoting equal access to essential infrastructure for ISPs, and enforcing compliance with the Competition Act, 2010. The decision emphasizes the importance of non-discriminatory practices in fostering a competitive market environment, which is crucial for enhancing broadband service availability and affordability. |
| Court |
Competition Commission of Pakistan
|
| Entities Involved |
Cyber Internet Services (Private) Limited,
Nayatel Private Ltd.,
Peshawar Electric Supply Company Ltd.
|
| Judges |
MS. RAHAT KAUNAIN HASSAN,
MUJTABA AHMAD LODHI
|
| Lawyers |
Not available
|
| Petitioners |
Cyber Internet Services (Private) Limited,
Nayatel Private Ltd.
|
| Respondents |
Peshawar Electric Supply Company Ltd.
|
| Citations |
2023 SLD 1334,
2023 CLD 429
|
| Other Citations |
Case T-139/98 Amministrazione Autonoma dei Monopoli di Slato (AAMS) v. The European Commission [2001],
Case C-280/08 P, Deutsche Telekom v. Commission, ECR 1-09555
|
| Laws Involved |
Competition Act, 2010
|
| Sections |
3,
2(k)
|