ISLAMABAD, 4 November 2024 : The Islamabad High Court has dismissed the petition filed by M/s Strawberry Sports Management (Private) Limited, affirming the regulatory powers of the Competition Commission of Pakistan (CCP). This decision reinforces CCP’s mandate to uphold fair competition practices under the Competition Act, 2010.
Strawberry Sports Management had challenged the CCP’s inquiry report which concluded that no violation of competition laws had occurred when the Pakistan Hockey Federation (PHF) refused to issue a No Objection Certificate (NOC) for a proposed junior hockey league.
The petitioner contended that PHF’s refusal constituted an abuse of a dominant position under Section 3 of the Act. CCP’s inquiry determined that there is no existing market for a junior hockey league in Pakistan and no statutory obligation for PHF to issue NOCs to third parties. Consequently, CCP concluded that PHF’s actions did not amount to an abuse of dominance, and the refusal did not violate the Competition Act.
Justice Babar Sattar, in the ruling, emphasized that CCP had appropriately exercised its regulatory discretion in concluding the matter. The judgement confirmed that the findings in CCP’s inquiry did not constitute an order under Section 41 of the Act and, therefore, were not subject to appeal. The Court’s order emphasized that CCP adhered to principles of fairness and procedural propriety, ensuring due process.
This judgment strengthens CCP’s role in promoting competitive practices and underscores its authority to regulate market behavior effectively.