The federal government has failed to implement the orders of the Economic Co-ordination Committee (ECC) of the Cabinet to re-promulgate the lapsed Competition Commission of Pakistan (CCP) Ordinance on timely basis.
Sources told Business Recorder here on Tuesday that the ECC in its last meeting, chaired by Prime Minister Yousaf Raza Gilani, was informed that a new Ordinance for restoration of CCP would be issued after the sessions of the Senate and the National Assembly were prorogued. The amendments in the Ordinance are supported across a broad political spectrum.
The sessions of National Assembly and Senate were prorogued last Friday. The government had two days-Saturday and Sunday (April 3-4)-for re-promulgation of the Ordinance. However, the government seems to have ignored the directives of the ECC to re-promulgate the Ordinance. Despite clear directions from the ECC, the government failed to re-promulgate the Competition Ordinance 2009.
It is yet not clear why the ECC directives were not implemented by the government, as it is a clear violation of the orders of the PM. Now, the sessions of the National Assembly and Senate have been called again, which may continue for a week or two, during which the Ordinance cannot be re-promulgated.
The CCP has stopped all ongoing investigations against cartels and companies involved in anti-competitive activities, deceptive marketing practices and abuse of dominance, etc, as the Competition Ordinance expired on March 26, 2010. Presently, the CCP has no legal authority to complete its investigations in different cases including fertiliser industry till the Competition Ordinance is re- promulgated.
The Economic Co-ordination Committee (ECC) of the Cabinet in its recent meeting, presided over by Prime Minister, had inquired from the Finance Ministry about the status of CCP after the Ordinance lapsed. The Finance Ministry clarified that the CCP Bill had been passed by the National Assembly and had been referred to the Senate, which, in turn, sent it to Senate standing committee.
The CCP's objective was re-promulgation of the ordinance that would enable it to achieve productive efficiency so that business and enterprise may flourish and consumers effectively protected from anti-competitive behaviour. The President is legally empowered to retrospectively re-promulgate the Ordinance. However, its timely re-promulgation would avoid legal complications pertaining to the orders and decisions taken by the CCP.