Razzaq Thaplawala's article under the caption "Indian and Pakistani competition commissions' laws in retrospect" in your 29 September issue is pretty thought provoking. I propose that learning from the Indian experience - not just copying from them, in relation with the appointment of the chairperson and members of Competition Commission as also regarding Competition Appellate Tribunal, the following may be inserted in our Competition Commission Ordinance-2007.
SELECTION COMMITTEE FOR CHAIRPERSON AND MEMBERS OF THE COMMISSION "The chairperson and members of the Commission shall be appointed by the Federal Government out of a panel of names referred by a selection committee comprising:
(a). The Chief Justice of Pakistan or his nominee, being a sitting judge of the Supreme Court or a High Court in Pakistan - Chairperson
(b). The Secretary, Ministry of Law.
(c). The Chairman, Corporate Law Authority.
(d). Two experts of repute who have special knowledge of and professional experience in international trade, economics, business, commerce, law, finance or accounting, preferably, including a person having held office as Chairman, Joint Committee, Institute of Chartered Accountants of Pakistan and Institute of Cost and Management Accountants of Pakistan."
COMPETITION APPELLATE TRIBUNAL
"(1). The Federal Government shall, through notification published in the official gazette, establish a Competition Appellate Tribunal consisting two or more members, in addition to the chairperson, to hear and dispose of appeals against a direction issued or decision made or order passed by the Commission under sections ___________ of the Ordinance.
(2). A member of the Appellate Tribunal shall be a person of ability, integrity and standing, with professional experience of not less than twenty five years in matters which may include disputes resolution, international trade, economics, business, commerce, law, finance and accounting, including a person who has held office as President or Vice President of the Institute of Chartered Accountants of Pakistan or of the Institute of Cost and Management Accountants of Pakistan.
(3). Chairperson of the Appellate Tribunal shall be a person, who is, or has been a Judge of the Supreme Court or a High Court in Pakistan.
The chairperson and members of the Appellate Tribunal shall be appointed by the Federal Government from a panel of names recommended by a Selection Committee comprising.
(a). Nominee of the Chief Justice of Pakistan - Chairperson.
(b). Two senior most judges of the High Courts in Pakistan.
(c). President of the Institute of Chartered Accountants of Pakistan.
(d). President of the Institute of Cost & Management Accountants of Pakistan.
The terms of the Selection Committee and the manner of selection of the panel of names shall be such as may be prescribed.
APPEAL AGAINST COMPETITION APPELLATE TRIBUNAL Appeal against order of the Competition Appellate Tribunal shall lie with the Supreme Court of Pakistan.
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