A level playing field

Published October 8, 2010

The government must now take steps to set up an appellate tribunal, as envisaged by the law. -File Photo
After spending three years in limbo in the shape of an ordinance, the competition law is finally on the books. Following a somewhat bumpy ride through parliament, the Competition Bill 2010 received presidential assent on Wednesday, thereby giving the Competition Commission of Pakistan a permanent, statutory status.

The CCP had become defunct since mid-August when the Competition Ordinance 2009 had lapsed. Its revival is welcome news in a country where big business tends to manipulate the market at will and where cartels gang up to squeeze the consumer by increasing prices. The law is designed to protect consumers from monopolies and cartelisation. Certain corporations — those most threatened by the CCP — had tied up the commission in a web of litigation; constitutional status will now allow the watchdog body to defend itself and its actions more robustly in court. The CCP had given those businesses suspected of involvement in unfair trade practices sleepless nights. It had investigated and taken action against several sectors that included the cement and sugar industries as well as banks for fixing prices and monopolising the market. Hence it is no surprise that business lobbies flexed their muscles and through their friends in parliament, particularly the Senate, attempted to block the passage of the law while trying to reduce the CCP's status to that of a toothless tiger.

The government must now take steps to set up an appellate tribunal, as envisaged by the law. This will allow those business concerns censured by the CCP an opportunity to plead their case, while it will also take the pressure off an already overburdened judiciary. However, the tribunal's decisions should be relatively swift so that corporations don't find a loophole in the form of initiating a never-ending appeals process, thus nullifying the CCP's efforts to maintain a level playing field and punish violators of the law. It is ultimately hoped that this development will encourage fair competition, help control prices and create a more consumer-friendly atmosphere where the rights of small businesses and consumers are protected from the avarice and dubious trade practices of major corporations.

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