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CCP requests for re-promulgation of Competition Ordinance 2007

ISLAMABAD: The Competition Commission of Pakistan (CCP) has forwarded a formal request to the Ministry of Finance for re-promulgation Competition Ordinance 2007 as Competition Ordinance 2009 with an additional request of validation of all the decisions taken during February 2008 and November 2009.

Speaker of the National Assembly referred the Competition Bill 2009 to the Federal Minister for Law in her own wisdom, despite the fact known to the Commission that law was vetted twice from the law ministry before presentation in the National Assembly for formal enactment, Khalid Mirza, Chairman CCP said while talking to reporters in his office on Friday. While the national assembly session is not likely before November 28, which is the deadline for the validation of Competition Ordinance, 2007 from parliament and the only way for safeguarding the competition law as well as competition commission.

In case the Competition Ordinance 2007 lapses on November 28, President of Pakistan has the authority under the constitution for its re-promulgation. In this case we would like to request the government to also validate the decisions taken after the first four months—February 2008 and November 2009—of it’s promulgation, Khalid Mirza said. Some 20 decisions that have been taken during this period would require validation in case the Competition Ordinance 2007 is repopulated.

Keeping intact and further strengthening of Competition Law and Competition Commission is one of the key conditionality that government of Pakistan has already agreed with World Bank under Poverty Reduction Strategy and Programme II (PRSP-II). In case parliament does not validate the law or re-promulgation of Competition Ordinance not takes place in the country, this would be a clear violation of conditionality agreed with World Bank, he maintained. The network of international competition agencies is closely watching the situation that CCP is facing right now. At a time when Transparency International’s corruption perception report is under discussion, elimination of CCP would give a wrong signal to the investors across the world.

He strongly defended the constitutional position of the Competition Ordinance 2007 and said that it’s up to the courts to finally decide the constitutional position while deciding writ petitions already under adjudication at courts. Replying to a question on competition as a provincial subject, Khalid Mirza, while quoting the examples in United States, Canada and Australia, said that this law could only be implemented when it is the federal subject. This question was certainly considered when the law was being formulated during the Musharraf era. “At that time no one challenged its enforcement by the federal government,” he added. The argument of provincial subject is raised for technical knockout the competition law.

Those who are opposing the Competition Ordinance 2007 actually want to weaken the spirit of the law as well as to make to Competition Commission a toothless body like Monopoly Control Authority, he explained.

While explaining the neutrality that the Commission has kept in mind while deciding the cases, the Chairman said that all decision taken at Commission were based on principle of justice alone which were against the companies owned by the persons in the government as well as in the opposition. sajid chaudhry

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