| Case ID |
41ad38a7-9761-4e6a-9e66-8b63c3f1eac1 |
| Body |
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| Case Number |
F. No. (411) / OFT / Diamond Paints / CCP / 2021 |
| Decision Date |
Nov 11, 2022 |
| Hearing Date |
Jun 08, 2022 |
| Decision |
The Competition Commission of Pakistan determined that the Respondent, Berger Paints Pakistan Ltd., engaged in deceptive marketing practices by claiming its product as 'No. 1 Emulsion in Pakistan'. The Commission found that such a claim was misleading and had the potential to harm competitors. However, after the Respondent agreed to rectify its marketing practices and commitments were made to cease the use of the misleading logo, the Commission decided not to impose any penalties. The case was resolved based on the Respondent's compliance with the commitments made during the hearings. |
| Summary |
In the case involving Berger Paints Pakistan Ltd. and Messrs Diamond Paints Industries, the Competition Commission of Pakistan addressed allegations of deceptive marketing practices under the Competition Act, 2010. The complaint stated that Berger Paints misrepresented its product as 'No. 1 Emulsion in Pakistan', a claim that lacked independent verification. The Commission highlighted the potential harm this misleading representation could cause to competitors and consumers. After hearings, the Respondent agreed to amend its marketing practices, leading to the Commission's decision to forgo penalties. This case emphasizes the importance of truthful advertising and compliance with competition laws to maintain fair market practices. |
| Court |
Competition Commission of Pakistan
|
| Entities Involved |
Messrs Diamond Paints Industries (Pvt.) Limited,
Messrs Berger Paints Pakistan Ltd.
|
| Judges |
MS. RAHAT KAUNAIN HASSAN,
MUJTABA AHMAD LODHI
|
| Lawyers |
Ahmad Hassan Khan,
Mehr Muhammad Iqbal,
Abdul Wahid Qureshi
|
| Petitioners |
Muhammad Abdullah,
Ms. Momna Taufeeq,
Ahmed Hassan
|
| Respondents |
Messrs Berger Paints Pakistan Ltd.
|
| Citations |
2023 SLD 146,
2023 CLD 114
|
| Other Citations |
Not available
|
| Laws Involved |
Competition Act, 2010,
Competition Commission (General Enforcement) Regulations, 2007,
Trade Marks Ordinance, 2001
|
| Sections |
10,
28,
30,
32,
39
|