| Case ID |
ec401861-df3a-4b5d-8cd6-100e5300f276 |
| Body |
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| Case Number |
F. No: 176/OFT/ELECTRIC CBLE/CCP/2015 |
| Decision Date |
Mar 26, 2019 |
| Hearing Date |
Mar 26, 2019 |
| Decision |
The Competition Commission of Pakistan found that the respondents engaged in deceptive marketing practices by failing to disclose the presence and value of cash coupons within their cable packaging. This omission misled consumers and provided an unfair competitive advantage to the respondents. The Commission mandated that all promotional materials be modified to include clear disclosures of token presence and value. Penalties were imposed, with significant fines levied against the most egregious offenders, and strict compliance measures were ordered to prevent future violations. |
| Summary |
The Competition Commission of Pakistan ruled on deceptive marketing practices by various cable manufacturers who concealed cash coupons within their product packaging, violating the Competition Act, 2010. This case highlights the importance of transparency in marketing and the responsibility of businesses to provide clear information to consumers. The decision emphasizes the need for compliance with advertising regulations and the consequences of misleading practices. The Commission ordered modifications to promotional materials to ensure that consumers are adequately informed about product benefits, particularly regarding the presence and value of cash coupons. The penalties imposed reflect a commitment to uphold fair competition and protect consumer rights in the marketplace. This ruling serves as a crucial precedent for future cases involving deceptive marketing practices in Pakistan's competitive landscape. |
| Court |
Competition Commission of Pakistan
|
| Entities Involved |
Messrs Dawn Cables,
Messrs G.M. Cables,
Messrs Fast Cables,
Messrs Hitech English Cables,
Messrs Pak Muzaffar Cable,
Messrs Alfa Plus Wire Cable,
Messrs Hi Ace English Cable,
Messrs Gold Royal Cable,
Messrs Zafar Cable,
Messrs Nation Cable,
Messrs Puller Cable,
Messrs Welcome Cables,
Messrs Dewan Cables,
Messrs E-Flux Cables,
Messrs Hero Cable,
Messrs Falcon Cable,
Messrs Lear Cables,
Messrs Rana Cables
|
| Judges |
DR. MUHAMMAD SALEEM,
DR. SHAHZAD ANSAR
|
| Lawyers |
Nemo,
Muhammad Shahid,
Mian Muhammad Nawaz,
Maqsood Afzal,
Saood Nasrullah Cheema,
Barrister Adeel Aftab,
Zahid Lateef,
Kamal Mian,
Usman Khan,
Safdar Javed,
Miss Misbah ul Islam,
Sheikh Farooq Elahi,
Malik Amir,
Mian Abdul Majeed Qadri,
Farooq Majeed,
Ahmed Anwar,
Sheikh Muhammad Saeed,
Naveed Anwar,
Shahid Maqsood Bhutta,
Mian Babar Hussain,
Ms. Aman Ali,
Zahid,
Malik Law Associates,
S.M. Shahid Bukhari,
M. Imran Arshad,
Rana Mukhtar Ahmed
|
| Petitioners |
Noman A. Farooqi,
Ms. Sophia Khan
|
| Respondents |
Messrs Dawn Cables,
Messrs G.M. Cables,
Messrs Fast Cables,
Messrs Hitech English Cables,
Messrs Pak Muzaffar Cable,
Messrs Alfa Plus Wire Cable,
Messrs Hi Ace English Cable,
Messrs Gold Royal Cable,
Messrs Zafar Cable,
Messrs Nation Cable,
Messrs Puller Cable,
Messrs Welcome Cables,
Messrs Dewan Cables,
Messrs E-Flux Cables,
Messrs Hero Cable,
Messrs Falcon Cable,
Messrs Lear Cables,
Messrs Rana Cables
|
| Citations |
2019 SLD 1645 = 2019 CLD 744
|
| Other Citations |
International Harvester Co: 104 F.T.C. 848 at page 1058,
Cliffdale Associates, Inc., 103 F.T.C. 110, (1984),
American Home Products, 98 F.T.C. 136, 370 (1981)
|
| Laws Involved |
Competition Act, 2010,
Qanun-e-Shahadat (10 of 1984),
Competition Commission (General Enforcement) Regulations, 2007
|
| Sections |
10,
30,
37(1),
117,
120,
26(2)(e),
37,
46(2)
|