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Validation of CCP ordinance: More than 20 decisions to become ineffective

ISLAMABAD: Over 20 important decisions made by the Competition Commission of Pakistan between February 2008 and November 2009 would become null and void if the Competition Ordinance is not validated by November 28. Sources at Competition Commission of Pakistan told here that the next session of National Assembly is expected in the month of December and there is no chance of session to be summoned before Eid ulAzha.

The issue of validation arose after the Supreme Court in its judgment on 31 July 2009, declared that 36 Ordinances promulgated prior to 15 December 2007, including the Competition Ordinance, 2007, required the approval of the Parliament within a period of 120 days, that ends on November 28.

The only chance for the Competition ordinance 2007 to remain valid is that it is re- promulgated by the President of the country.

“The legal way out is that the President can re-promulgate any ordinance under article 89 of the constitution,’ the official added.

The ordinance was approved without any amendment by the National Assembly Standing Committee on Finance on November 12th and forwarded to the Parliament. Chairperson of the NA standing committee on Finance, Fauzia Wahab said that the validity of all orders taken by the CCP after 3 February 2008 would be at risk.

“It is a technical issue and those decision would become null and void,” Fauzia Wahab said.

During the period February 2008 and November 2009, the CCP had passed orders against wide ranging sectors for violation of the competition regulation and for operating business that was not in the interest of the consumers. These includes action against Fauji Fertilizer Company & Fauji Fertilizer bin Qasim ltd, Dewan Salman Fiber, Pakistan Synthetics, ICI Pakistan, Rupali Polyester, Ibrahim Fibers

Pakistan Mobile Communica-tions (Mobilink GSM), Siza Foods, China Mobile Pak Limited (CMPak) and Pakistan Telecom Mobile Limited (Ufone), Karachi Stock Exchange, Lahore Stock Exchange (LSE), Islamabad Stock Exchange (ISE), All Pakistan Akhbar Farosh Federation, All Pakistan News Papers Society (APNS).

The three stock exchanges of the country have been fined by the commission for placing of floor or fixing of minimum price on the trading price of listed securities. KSE was fined Rs 6 million LSE Rs1 million and ISE Rs 200,000 for the violation of fair practices. staff report

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