The Competition Commission of Pakistan (CCP) has included a new provision in the Enforcement Regulations, 2007 to avoid technical objections raised by the lawyers and legal experts, hired by the companies facing proceedings before the commission.
The commission amended Competition Commission (General Enforcement) Regulations, 2007 through a notification issued here on Monday. Sources told Business Recorder that the legal representatives of the companies raised unnecessary technical objections during company's proceedings.
They also raised questions pertaining to documents being submitted before both the parties. Secondly, sometimes it is requested that the proceedings should be attended by experts etc, legal objections were raised on the participation of such experts during the commission's proceedings. Now, powers of the commission and its members have been clarified to avoid technicalities during the proceedings of the cases against undertakings.
The new provision, ie 52A, would provide guidelines to the companies to specify powers, limitations and jurisdiction of the commission for submission of record to the CCP. It would facilitate administration and enforcement of the law. According to sources, the powers of the commission have not been enhanced through incorporation of section 52A.
However, powers have been clarified to facilitate the proceedings before the commission. The commission, being a quasi- judicial body, has the power to initiate proceedings in accordance with the Competition Ordinance, 2007 in cases of contravention of the provisions of that the ordinance, has notified necessary regulations for the sake of transparency and guidance to all concerned. The intent is to facilitate in the administration and enforcement of the Competition Ordinance, 2007, Rules and Regulations made thereunder.
With a view to ensuring that the proceedings are conducted in an orderly manner, the Commission has made additions in the Competition Commission (General Enforcement) Regulations, 2007 by inserting therein a new regulation 52A, which has been notified in the Gazette of Pakistan.
According to the salient features of the regulations, the commission, its Chairman, the members and its officers, acting as presiding authority to conduct the proceedings under the Ordinance, shall administer and enforce the Ordinance, rules and regulations effectively, within the minimum of procedural requirements.
Thus, the presiding authority shall have the power to administer affirmations, issue or direct the issuance of notices, and make all decisions regarding the admission or exclusion of evidence or any other procedural matters, which may rise during the course of the hearing. All the parties, counsel, witnesses and other persons, present at a hearing shall conduct themselves with decorum and deference to the authority presiding over such proceedings.
The presiding authority shall be entitled, in its discretion and in the manner deemed fit to seek assistance from any person or persons, including but not limited to, technical or professional experts, advisers, consultants, or any officer/member of the Commission, whose participation or consultation would be deemed appropriate to facilitate the orderly completion of the proceedings and no proceedings of the commission shall be invalid by reason of any defect or irregularity unless the presiding authority.
On an objection taken by any party, is of the opinion that substantial injustice has been caused by such defect or irregularity or there are otherwise sufficient reasons for doing so, and the authority may, in such event, make such orders as deemed appropriate by it for the rectification of such defect or irregularity.