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Joseph Wilson, Aug 12, 2014
Pakistan is one of the few countries that have had competition legislation since before 1970; in Pakistan the legislation was in the form of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance of 1970. However, in October 2007, Pakistan promulgated Competition Ordinance, 2007, which repealed the MRTPO; disbanded the Monopoly Control Authority, which had enforced the MRTPO; and provided for the establishment of the Competition Commission of Pakistan.
The MRTPO had been drafted with the objective to prevent undue concentration of economic power in the hands of few, and had substantive provisions that proscribed (i) undue concentration of economic power, (ii) growth of unreasonable monopoly power, and (iii) unreasonably restrictive trade practices. The Competition Ordinance, on the other hand, was promulgated with the following objectives: (i) to provide for free competition in all spheres of commercial and economic activity, (ii) to enhance economic efficiency, and (iii) to protect consumers from anticompetitive behavior. The foregoing triad captures the various facets of the notion “consumer welfare,” which is globally recognized as the raison d’être for having a competition regime. The Competition Ordinance was, however, a temporary legislation, which run its course in November 2009 but was extended as a temporary competition regime though Competi…