Following favorable judgments from the Islamabad High Court (IHC), which dismissed the undertakings’ writ petitions and permitted the CCP to continue the legal proceedings in two significant instances, the Competition Commission of Pakistan (CCP) will complete the legal proceedings in two major cases.
While dismissing the writ petitions, the IHC also ordered the petitioners to pay costs for filing frivolous challenges against the CCP.
The Islamabad High Court denied a writ case filed by Fuji Fertilizer Company Limited against the CCP in June 2021 and ordered the company to pay costs.
In March 2018, the CCP began proceedings against Fauji Fertilizer Company in response to an order given by the Competition Appellate Tribunal, and issued a hearing notice to Fauji Fertilizer Company.
Fauji Fertilizer Company, on the other hand, had appealed the notice at the Islamabad High Court. The Court, on the other hand, was not persuaded by Fauji Fertilizer Company’s objections to the CCP’s notice and dismissed its petition while imposing costs of Rs. 100,000 in favour of the CCP.
Haier Pakistan Private Ltd. filed a writ case against the CCP in November 2021, challenging the CCP’s investigation of company under Section 37 of the Competition Act 2010 for alleged antitrust violations.
After hearing both sides’ arguments, the IHC concluded that Haier Pakistan’s claim that the CCP’s investigation into it was a ‘roving inquiry’ and part of a ‘fishing expedition,’ as claimed by Haier Pakistan, was unfounded.
The Court, on the other hand, believed that the CCP’s investigation was founded on legitimate concerns about possible misleading marketing by Haier Pakistan through its marketing materials. As a result, the Court dismissed Haier Pakistan’s plea and awarded the CCP a cost of Rs. 50,000 in its favor.