ISLAMABAD: The Competition Commission of Pakistan (CCP) has successfully enforced an order against the All Pakistan Newspapers Society (APNS), recovering a penalty of PKR 5 million imposed for anti-competitive conduct.
The Evacuee Trust Property Board (ETPB) had lodged a complaint with the CCP, alleging that the regulations and circulars formulated by APNS were in violation of section 4 of the Competition Act, 2010. The CCP’s inquiry established that APNS had imposed restrictive trading conditions, with certain rules, regulations, and circulars enforced by APNS contravening the Act.
On June 6, 2018, the CCP passed an order confirming that APNS had engaged in anti-competitive activities, including applying unfair trading conditions and imposing dissimilar conditions on equivalent transactions with other trading parties through its circulars, rules, and regulations. Despite recognizing APNS’s cooperation and compliance-oriented approach as mitigating factors, the CCP imposed a penalty of PKR 10 million.
The CCP’s order also nullified all such circulars, rules, and regulations, directing APNS to formulate new ones and seek exemption from the CCP under Section 5 of the Competition Act. Additionally, the order stipulated that failure to comply would result in an additional penalty of PKR 25 million and a daily penalty of PKR 100,000.
APNS appealed the CCP’s order before the Competition Appellate Tribunal (CAT). Following a detailed hearing, the Tribunal partially allowed the appeal by reducing the penalty to PKR 5 million. The CAT further directed APNS to submit its amended circulars, rules, and regulations to the CCP within one month. The Tribunal also stipulated that the additional penalty of PKR 25 million and the daily penalty would not apply if the CCP endorsed the amended rules and regulations within 60 days.
This resolution underscores the CCP’s commitment to enforcing fair competition practices and ensuring compliance with the Competition Act, promoting a healthy and competitive economic environment in Pakistan.
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