Legal Case Summary

Case Details
Case ID 38a0a26d-4659-4e27-94fe-37eb24ddb683
Body View case body.
Case Number F. No. 336 / SIBA(V)STS / OFT / CCP / 2018
Decision Date Feb 12, 2020
Hearing Date Feb 12, 2020
Decision The Competition Commission of Pakistan found that Messrs Sukkur Testing Services (SMC-PVT.) Limited engaged in deceptive marketing practices that misled consumers regarding their affiliation with SIBA Testing Services. The Commission determined that the respondent's actions constituted a prima facie violation of Section 10 of the Competition Act, 2010, due to the dissemination of false or misleading information. A token penalty was imposed, as the respondent had ceased the deceptive practices during the inquiry and had not repeated the violation. The complaint was allowed accordingly, emphasizing the importance of protecting consumers from anti-competitive practices.
Summary The case centers on the Competition Commission of Pakistan's ruling against Sukkur Testing Services (SMC-PVT.) Limited for deceptive marketing practices. The Commission found that the respondent misled consumers by using a name similar to SIBA Testing Services, thereby causing confusion and potential harm to consumers and the complainant's reputation. The ruling emphasizes consumer protection under the Competition Act, 2010, particularly against anti-competitive behaviors such as false advertising and trademark infringement. The Commission highlighted the need for transparency and truthful representation in marketing practices, reinforcing the legal framework that governs competition in Pakistan.
Court Competition Commission of Pakistan
Entities Involved Sukkur Testing Services (SMC-PVT.) Limited, SIBA Testing Services Sukkur IBA University
Judges DR. MUHAMMAD SALEEM, DR. SHAHZAD ANSAR, MS. BUSHRA NAZ MALIK
Lawyers Mukesh Kumar, Arsal Ikram
Petitioners Messrs SIBA Testing Services Sukkur IBA University
Respondents Messrs Sukkur Testing Services (SMC-PVT.) Limited
Citations 2020 SLD 2614, 2020 CLC 1361
Other Citations 2010 CLD 1478, 2010 CLD 1454, 2016 CLD 40, 2018 CLD 844, 2016 CLD 105, 2010 CLD 1695, 2013 CLD 1014, 2015 CLD 1638, 2016 CLD 1128
Laws Involved Competition Act, 2010
Sections 10, 37(2)