Legal Case Summary

Case Details
Case ID 106eec37-d5bb-4ce6-9c98-36b902cbe1a7
Body View case body.
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)