The Competition Commission of Pakistan (CCP) has issued policy for the registered entities seeking advice on issuance of notices, case's hearings and grant of adjournments. Sources told Business Recorder on Friday that a clear cut policy on notices and adjournments would help the companies in discharging their liabilities under the new competition law.
Some undertakings have approached the commission for adjournments of hearings and the policy would guide them in this regard. The commission would give the proof of legal backing for issuance of notices to the undertaking. The advice sought by an undertaking as to whether the action proposed to be taken by it is consistent with the provisions of the Ordinance, rules or orders made thereunder, shall be provided by the Commission.
Sources said that the objective is to facilitate the undertakings and provide them business guidance on the basis of disclosed set of facts. In line with the international practice the advisory opinion shall be of non-binding nature. Any such advice given by the Commission shall be without prejudice to its right to reconsider the questions involved, and where the public interest so requires to rescind or revoke the advice.
However, the commission will not proceed against the requesting party pertaining to any action taken upon such advice in good faith. The commission may revise its position and may proceed in accordance with law in case there is change of facts.
In any case, such advice shall be a substitute for legal advice nor shall it constitute an approval, consent or permission under the law. The request for advice shall be accompanied by a copy of challan, evidencing deposit of prescribed fee, which at present is to the tune of Rs 100,000.
The commission, however, may charge a higher fee in complex matters. It shall endeavour to provide the requested advice within a period of 30 days. In case of notices, the commission would preferably issue notice to the undertaking through more than one available modes simultaneously ie, by courier service, email and fax etc.
The obligation of the commission, however, shall stand discharged if a notice has been served in any one of the aforesaid alternative modes of service envisaged under the regulations. About the representation in hearings, sources said that an authorised representative appearing for and on behalf of an undertaking is expected to be fully prepared to address all business and legal issues relevant to the case.
Accordingly, the undertaking must be represented through such person or persons, who are competent to adequately represent the undertaking in all respects. This requirement shall be stated in every notice sent out by the commission.
The commission would consider request for adjournments, where sufficient and cogent grounds are duly submitted by the undertaking. The request for adjournment must be sent at least two days prior to the scheduled date of hearing along with an affidavit of an authorised officer verifying the grounds on which such adjournment is sought.
Notwithstanding, adjournment shall be granted in the sole discretion of the Commission. In the event hearing takes place out of station where the Commission has travelled for the convenience of the parties, the likelihood of adjournment being granted is remote, sources added.