| Case ID |
d411f889-b21b-40ca-9084-33d230e4ee32 |
| Body |
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| Case Number |
Appeal No. 7 of 2016 |
| Decision Date |
Dec 21, 2016 |
| Hearing Date |
Nov 30, 2016 |
| Decision |
The appeal filed by Hascol Petroleum Limited against the decision of the Competition Commission of Pakistan was dismissed. The Tribunal found that the Competition Commission had granted approval for the acquisition of shares by Pakistan State Oil Company Limited (PSO) and determined that the acquisition would not substantially lessen competition in the relevant market. The Tribunal noted that Hascol's fears regarding anti-competitive foreclosure lacked justification, as PRL's market share was insufficient to significantly impact competition. The Tribunal emphasized the role of the Competition Commission in monitoring market dynamics and stated that if any future evidence of negative impact on Hascol’s business emerged, they could approach the appropriate forum. Overall, the Tribunal upheld the findings of the Competition Commission and reaffirmed the importance of healthy competition within the industry. |
| Summary |
The case revolves around the appeal made by Hascol Petroleum Limited regarding the acquisition of shares by Pakistan State Oil Company Limited (PSO) in Pakistan Refinery Limited (PRL). The Competition Appellate Tribunal addressed concerns about potential anti-competitive practices stemming from PSO's substantial market presence. The Tribunal concluded that the approval by the Competition Commission for PSO's acquisition of shares did not adversely affect competition, as PRL's market share was relatively low. The Tribunal also noted that Hascol did not provide adequate evidence to support claims of discriminatory treatment or significant market disadvantages resulting from the acquisition. The ruling reinforced the necessity for ongoing regulatory oversight to maintain competitive market conditions in Pakistan's petroleum sector. |
| Court |
Competition Appellate Tribunal
|
| Entities Involved |
Pakistan Refinery Limited,
Pakistan State Oil Company Limited,
Hascol Petroleum Limited,
Shell Petroleum Company Limited
|
| Judges |
JUSTICE (R) MIAN FASIH UL MULK,
JUSTICE (R) MIFTAH-UD-DIN,
AHMED OWAIS PIRZADA
|
| Lawyers |
Ms. Rahat Kaunain Hussain,
Noaman Amin Farooqi,
Ijaz Ahmed,
Maudood Ahmed Khan,
Abdul Rehman Khan
|
| Petitioners |
Hascol Petroleum Limited
|
| Respondents |
Pakistan Refinery Limited,
COMMISSION OF PAKISTAN,
Pakistan State Oil Company Limited,
Shell Petroleum Company Limited
|
| Citations |
2018 SLD 1571,
2018 CLD 812
|
| Other Citations |
Not available
|
| Laws Involved |
Competition Act, 2010
|
| Sections |
11(1)
|