Legal Case Summary

Case Details
Case ID 0c72e297-2a23-4a35-92ce-6f4de0817ea1
Body View case body.
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)