| Case ID |
39b77c64-d9c9-45f4-82d0-46506c0db2c1 |
| Body |
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| Case Number |
F. No. 201/COMP/BATTERY MANUFACTURERS/OFT/CCP/2016 |
| Decision Date |
Mar 30, 2018 |
| Hearing Date |
Mar 13, 2018 |
| Decision |
The Competition Commission of Pakistan found that the respondents engaged in deceptive marketing practices by omitting material information regarding battery capacities and characteristics. The commission concluded that this omission misled consumers and distorted market competition. A lenient penalty of PKR 1 million was imposed on each respondent, except for one who was not found in violation. The respondents were required to modify their advertising practices and submit compliance reports within a specified timeframe. |
| Summary |
This case revolves around the Competition Commission of Pakistan's ruling against several battery manufacturers for deceptive marketing practices under the Competition Act, 2010. The complainant, Mirza Muhammad Saeed, alleged that the manufacturers failed to disclose vital information about their battery products, specifically regarding their capacity and usage. The Commission's enquiry revealed that these omissions misled consumers and violated sections 10, 30, and 37 of the Competition Act. The respondents admitted to the misleading nature of their advertising and committed to modifying their practices. The Commission imposed a minimum penalty of PKR 1 million on each respondent, emphasizing the importance of transparency in marketing. The ruling underscores the necessity for compliance with consumer protection laws and highlights the consequences of deceptive marketing in a competitive market. |
| Court |
Competition Commission of Pakistan
|
| Entities Involved |
DRY AND ACIDLEAD BATTERY MANUFACTURERS
|
| Judges |
DR. SHAHZAD ANSAR,
DR. MUHAMMAD SALEEM
|
| Lawyers |
Syed Salman Zahoor,
Syed Aminuddin Fakir,
Syed Hasan Rezan,
Mohsin Khan,
Muhammad Iqal,
Muhammad Rehan Akhtar,
Bilal Ahmed,
Naeem Raza,
Kashif Ahmed
|
| Petitioners |
Mirza Muhammad Saeed
|
| Respondents |
Mr. Atlas Battery Ltd.,
Mr. Treet Corporation Ltd.,
Mr. Exide Pakistan Ltd.,
Mr. Pakistan Accumulators (Pvt.) Limited,
Millat Industries Products Ltd.,
Mr. Century Engineering Industries Ltd.
|
| Citations |
2018 SLD 1563,
2018 CLD 844
|
| Other Citations |
Messrs China Mobile Pak Limited dated 29.09.2009 (Zong Order),
Messrs Proctor and Gamble Pakistan Private Limited dated 20.05.2017,
Standard Oil of Calif 84 FTC 1401,
Beneficiary Corp. v. FTC, 542 F. 2d 611 (3rd Cir., 1976)
|
| Laws Involved |
Competition Act, 2010
|
| Sections |
10,
30,
37
|