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The outgoing Chairman of the Competition Commission of Pakistan (CCP), Khalid Mirza on Tuesday cautioned that if the government appointed any political favourite or retired bureaucrat as new head of the commission, it would hamper its smooth functioning.
Talking to a select group of journalists, Khalid Mirza apprehended that any appointment of the CCP chairman on the basis of favouritism or nepotism would badly hurt the working of the commission. The government is not taking the CCP seriously and it is unfortunate that an institution taking action against the cartels and companies involved in deceptive marketing practices has been totally neglected. The political appointment in the CCP would be a disaster for this organisation. "The bad days of the institution would be start in case the government appoints a political figure or retired bureaucrat as its head," he said.
If we compare the performance of the CCP with other government departments, it will tell the whole story but the government is least bothered to protect the key regulator, showing outstanding performance to check anti-competitive practices in the country. He said the CCP has moved a summary to the Ministry of Finance for appointment of a senior member of the commission as new Chairman. Presently, three most competent members are working in the commission ie Abdul Ghaffar, Member (Cartels, Monopolies and Trade Abuses) and Ms Rahat Kaunain Hassan, Member (Legal/OFT) and Dr Joseph Wilson - Member Policy Planning, Research and International Affairs. Being senior most member of the commission, Abdul Ghaffar could work as an acting chairman till appointment of new head of the CCP.
Responding to a query, he said the contracts of the CCP members would expire in October and November 2010, depending on the tenure of the concerned official. The CCP has requested the Ministry of Finance to appoint one of the members as new head of the organisation. However, he did not disclose the name of the member whose summary has been moved for appointment as new chairman. The best way to continue with the existing policies of the CCP is appoint an official from within the commission.
He regretted that the seriousness of the government to implement the new Competition Law is evident from the fact that the re-promulgated ordinance would expire on August 18. Senate has passed the Competition Ordinance, but the National Assembly has yet not passed the Ordinance.
It seemed that the government is not paying attention to the regulatory institutions like CCP, Securities and Exchange Commission of Pakistan (SECP) and even State Bank of Pakistan (SBP). There is no clarity in the government thinking about the functioning of the regulatory institutions. The government is totally ignoring the regulatory bodies, which is unfortunate. The regulators play most important role in their respective sector, which should be given top priority by the government. If the government is not serious about the most important regulatory body of the corporate sector ie SECP, you can imagine the level of seriousness for the CCP, Khalid Mirza opined.
Showing uncertainty about the future of the CCP, he boldly admitted that if the Ordinance has not been timely passed by the Parliament, the fate of the CCP is not clear. An organisation highly appreciated by the best competition agencies of the world has been ignored by the policy makers of the country. "The positive image of the CCP at the international level is evident from the fact that US competition agency has requested the CCP to have input on certain important issues of the Pakistani agency', he added.
When asked about his re-appointment as CCP chairman, Khalid Mirza said that the government can easily promulgate an Ordinance for his re-appointment as CCP chairman. If the government has the political will and intention for continuation of his work as CCP chairman, a simple Presidential Ordinance can do the job. However, it all depends on the intention of the government so that how to run the commission.
Referring to India, he said that the retirement age for head of the competition agency in India is 68 years whereas in Pakistan this age limit is 65. About the performance of the CCP, Khalid Mirza shared data that commission has issued seven policy notes to different government departments, which guided them on different policy issues.

Copyright Business Recorder, 2010

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