Competition Law Hotline April 01, Competition Commission nips litigation at the bud — Dismisses cases against Ola and Uber CCI upholds that access to funding and innovative technology or models enabling an entity to provide discounts and incentives did not create entry barriers and is not anti-competitive. CCI dismissed allegation due to contradictory views and doubts on impartiality of the industry report highlighting significance of impartial industry reports. Consistent approach to be followed by CCI to curtail unnecessary litigation and allowing parties to appear at the outset is a step in the right direction. In the case of Ola, the Commission categorically held that access to funding sources, which enabled it to provide discounts and incentives, were not available exclusively to Ola and consequently, access to sources of funding could not be considered as being anti-competitive.
Developed in conjunction with Joomla extensions. The Act applies to all undertakings in Pakistan regardless of their public or private ownership and to all actions or matters that can affect competition in Pakistan. Although essentially an enabling law, it briefly sets out procedures relating to review of mergers and acquisitions, enquiries, imposition of penalties, grant of leniency and other essential aspects of law enforcement.
Briefly, the law prohibits situations that tend to lessen, distort, or eliminate competition such as actions constituting an abuse of market dominance, competition restricting agreements, and deceptive marketing practices.
Abuse of Dominant Position.
These practices include, but are not limited to, reducing production or sales, unreasonable price increases, charging different prices to different customers without objective justifications, tieins that make the sale of goods or services conditional on the purchase of other goods or services, predatory pricing, refusing to deal, and boycotting or excluding any other undertaking from producing, distributing or selling goods, or providing any service.
Such agreements include, but are not limited to, market sharing and price fixing of any sort, fixing quantities for production, distribution or sale; limiting technical developments; as well as collusive tendering or bidding and the application of dissimilar conditions.
The Act prohibits deceptive marketing practices, in other words, any advertising or promotional material that misrepresents the nature, characteristics, qualities, or geographic origin of goods, services or commercial activities. The law prohibits mergers that would substantially lessen competition by creating or strengthening a dominant position in the relevant market.
If the Commission determines this to be the case, it can prevent mergers or acquisitions, set conditions or require divestitures.
The Act does not distinguish between horizontal and vertical mergers. The Commission has the power to issue interim orders if the final decision will take time and the actual or imminent situation can cause harm.
Any proceeding before the Commission shall be deemed to be a judicial proceeding and the Commission shall be deemed to be a civil court for the purposes of offences relating to documents given in evidence. There is also a possibility of a full exemption.
Leniency is possible only for the first undertaking that makes a full disclosure. The Commission, though, may revoke leniency in case of failure to comply with the leniency conditions or false evidence.The case studies in the Students' handouts section can be approached in two ways.
The first is a forum discussion of each of the case studies. The second has students role-play at a human rights tribunal hearing.
Using both approaches will give students a more complete understanding of how the Code is applied. Option 1: Forum activity. The following list of case study interview questions will help you build a narrative using the “Problem - Agitate - Solve” method.
Use these prompts to get started and add more specific case study interview questions for your business or products. More Area Specific Case Studies >> Case Related Links. Detailed Subject-wise Listing Company-wise Listing Case Study Method Best Selling Case Studies Prize Winning Case Studies ICMR Cases Used in Textbooks Institutions Using ICMR Cases ICMR News.
STOCK MARKET EVENT STUDIES AND COMPETITION COMMISSION INQUIRIES LUCY BEVERLEY, AUGUST The author is a Deputy Director of Financial Analysis at the Competition Commission. Please do not quote without permission of the author.
The views in this paper are those of Case studies.
Global Business Case Competition Champions: Thammasat University. The Global Business Case Competition (GBCC) is a leading international case competition that brings together undergraduate students from the United States and around the world to compete in a fast-paced and challenging business case study.
Example: Mauritius. These two examples illustrate how the Competition Commission of Mauritius (CCM) used market studies to determine competition problems within the regulatory framework of the cement industry, and the need to consider competition in formulating regulations for the sugar industry.