The Director General (Cartels and Mergers) of the Competition Commission would be empowered to share and supply information related to companies with Federal Board of Revenue, State Bank of Pakistan, Securities and Exchange Commission of Pakistan, Federal Bureau of Statistics and other regulatory bodies.
Sources told Business Recorder on Monday the Competition Commission of Pakistan will shortly notify functions and powers of its director generals and other officials to effectively carryout day to day functions following promulgation of the Competition Ordinance, 2007.
The commission would issue an SRO (I) 2008 to delegate powers and functions to its members and officers. The notification would also specify the relevant section of the ordinance for implementation purposes.
According to the notification, Director General (Cartels and Mergers) would be empowered to initiate proceedings against any undertaking or association of undertakings if they enter into any agreement or make decision regarding production, supply, distribution, acquisition or control of goods or provision of services which have the object or effect of preventing, restricting or reducing competition within the relevant market. The DG would also be empowered to make suitable orders against such undertaking or association of undertakings.
Under section 11(1) of the Ordinance, he would be empowered to initiate proceedings against any of the undertakings which enters into a merger which substantially lessens competition by creating or strengthening a dominant position in the relevant market.The DG would have the authority to decide whether or not clearance should be given to an undertaking, which has submitted a pre-merger application.
The DG, Cartels/Mergers would be authorised to initiate proceedings in accordance with the laid down provisions relevant to cartels and merges and make orders in cases of contravention of the provisions of the Ordinance. He can conduct enquiry into the affairs of any undertaking as may be necessary to control mergers and cartels.
He would be allowed to call for information from the concerned undertakings in the cases of cartels and mergers and impose penalty wherever required. The DG, Cartels/Mergers would be empowered to exercise other powers specified in the proposed notification.
Director General (Cartels and Mergers) would be empowered to exercise all powers and functions of the commission provided in the Competition (Merger Control) Regulations, 2007, except those specified in the notification.
He may also exercise powers and functions of the commission relevant to enforcement of mergers control and cartels, except certain powers given in the SRO. He would be authorised to exercise all powers and functions covered under Competition (Leniency) Regulations, 2007.
The Director General (Monopolies and Trading Abuses) would have the authority to initiate proceedings and take action against any person involved in the abuse of dominant position and deceptive marketing practices. He would be authorised to issue orders in case of contravention of any provisions of the Ordinance relevant to abuse of dominant position and deceptive marketing practices, and to impose penalty as prescribed in section 38 and under the regulations framed by the Commission.
The DG Monopolies and Trading Abuses would be empowered to call for information from the concerned undertakings and exercise all those powers specified in the proposed notification.
He can exercise all powers and functions of the Commission relevant to enforcement of statutory provisions as applicable to abuse of dominant position and deceptive marketing practices, except those specified in the notification. The government has also laid down powers, which could not be exercised by the DG Monopolies and Trading Abuses under the competition ordinance.
In case, the post of Director General is vacant in a department or the incumbent is not available at the place of his duty, the powers and functions delegated to him under this arrangement shall be exercised by the concerned member with oversight over the department. The powers delegated to Members and Director Generals, shall be exercised concurrently by Chairman of the Commission.
The Director Generals have been authorised by the Commission to assign any of the powers delegated to them, to one or more of the Directors of the respective Departments, as and when deemed necessary, proposed notification added.
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