| Case ID |
106eec37-d5bb-4ce6-9c98-36b902cbe1a7 |
| Body |
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| Case Number |
File No. 248/Catkin/C&TA/CCP/2019 |
| Decision Date |
Dec 16, 2019 |
| Hearing Date |
Dec 04, 2019 |
| Decision |
The Competition Commission of Pakistan dismissed the complaint filed by Mr. Catkin Engineering Sale and Services (Pvt.) Limited against Khyber Pakhtunkhwa Directorate of Agriculture Engineering for alleged restrictive trading conditions in its tender for procurement and installation of Deep Solar Pumping Systems. The Commission found that the clauses in the tender were not in prima facie violation of the Competition Act, 2010, as they did not adversely impact competition. The complainant was given an opportunity for a hearing, but ultimately expressed no interest in pursuing the complaint further, leading to its closure. |
| Summary |
In the case before the Competition Commission of Pakistan, Mr. Catkin Engineering Sale and Services (Pvt.) Limited filed a complaint against Khyber Pakhtunkhwa Directorate of Agriculture Engineering, alleging restrictive conditions in a tender for solar pumping systems. The complaint was based on specific clauses that the complainant believed limited competition. The Commission conducted an enquiry under the Competition Act, 2010, particularly focusing on sections 10 and 37(2). It concluded that the tender conditions did not violate the principles of fair competition. The decision emphasized the importance of allowing complainants a fair opportunity to be heard, aligning with natural justice principles. Ultimately, the complaint was dismissed after the complainant indicated a lack of interest in pursuing the case, highlighting the need for substantial prima facie evidence when filing complaints under the Competition Act. This case underscores the regulatory framework's role in maintaining competitive market practices while ensuring fair procedural rights for all parties involved. |
| Court |
Competition Commission of Pakistan
|
| Entities Involved |
Khyber Pakhtunkhwa Revenue Authority,
Pakistan Telecom Mobile Ltd (Ufone),
China Mobile Pakistan Ltd (Zong)
|
| Judges |
DR. MUHAMMAD SALEEM,
DR. SHAHZAD ANSAR
|
| Lawyers |
Fawad Ashraf Ghumman
|
| Petitioners |
Mr. Catkin Engineering Sale and Services (Pvt.) Limited
|
| Respondents |
Khyber Pakhtunkhwa Directorate of Agriculture Engineering
|
| Citations |
2020 SLD 894,
2020 CLD 497
|
| Other Citations |
2016 CLD 1688,
2010 CLD 1478,
2018 CLD 984
|
| Laws Involved |
Competition Act, 2010
|
| Sections |
10,
37(2)
|