CHAPTER #14 Competition Act, and Arbitration Act

Question 1

Product Market?

Geographic Market?

Answer 1

Relevant market includes
Product Market: It means all those products and/or
services which are interchangeable or
substitutable by consumer due to his features or uses of poduct.

    Geographic Market: Area in which undertakings are  involved in supply of goods or services and in which  conditions of competition are similar (condtions of compition are different from other areas)

Question 2

list Abuse of dominant position?

Answer 2

Abuse of dominant position:

Following practices are not allowed:
1. Limiting quantity of production or sale.
2. Unreasonable increase in prices.
3. Price discrimination.
4. Predatory pricing.
5. Boycotting other undertaking.
6. Refusing to deal.
7. Tie-ins.
8. Applying dissimilar conditions to similar 
transactions.
9. Making contract dependent on 
supplementary unrelated obligations

Question 3

state and list Prohibited Agreements?

Answer 3

no undertaking should make any agreement with other undertaking regarding decision of production ,supply, sale of goods/services which shall prevent or rescind competition in market (unless any expressed by law). any such agreement shall be void.E.G,

1. Dividing markets for the goods or services (e.g, by trretories, by voulume of sale, by type of goods).
2. Fixing quantity of production,distribution or sale.
3. Collusive tendering or biding for sale or prchase.
4. Fixing the purchase or sale price or imposing other tading restrictions.
5. Limiting technical development or investment with regad to production, distribution for sale or purchase of goods/services.
6. Applying dissimilar conditions to equivalent
   transactions with orther parties.
7. Making contract dependent on acceptance of supplementary
   unrelated obligations by other party

Question 4

List of Deceptive Marketing Practices?

Answer 4

Deceptive marketing practices include:
1. distribution of False or misleading information that may harm the buisness interst ofother undertakings.
2. distribution of False or misleading information relating to different features of own good/service.
3. False or misleading comparison of goods in advertisement.
4. Fraudulent use of another’s firm name, trademark, labelling
or packaging

Question 5

List Provisions applied in Arbitration Agreement?

Answer 5

1. Sole-arbitrator.
   > If even, Arbitrators shall appoint Umpire within 1 month of appointment.
2. Authority shall be irrevocable (cancellable by Court).
3. Decision by Arbitrators within 4 months of reference (extendable by Court).
4. Umpire shall enter if Arbitrators unable to make decision, or time is passed.
5. Decision by Umpire within 2 months of entry (extendable by Court).
6. Partiesto the case and other person:
   > shall produce before the arbitrator or umpire all record, procedures and documents int heir possession which may be required
   > shall do all things which Arbitrator/Umpire may require.
7. Award shall be final and binding on parties. Arbitrators/Umpire may direct about cost of
   the case.

Question 6

Powers of Arbitrator?

Answer 6

1. To take oath.
2. To interrogate.
3. To make award conditional, or in alternative.
4. state special case (or award) for opinion of the Court.
5. To correct clerical mistakes in the award (due to acedental error or omission)

Question 7

Appointment by a third party or during a suit?

Answer 7

parties may agree that arbitrator must be appointed by tird party whose name is mentioned in agreement or as holder of office e.g, chairman of chamber of Lahore

Question 8

party can apply for arbitration during suit?

Answer 8

if parties to suit agree to settle the matter through arbitration , they may apply to court in written for such orders, anytime before judgement is pronounced