Constitution of Pakistan

Relinquished sovereignty

In 1947

Ratified constitution &

in 1973

SovereigntyWe The People

Parliament

Founder

Arts. 175-212B Arts. 41-49

Judiciary

Arts. 50-89

Inter Province and Federation

Relations

Arts. 141-159

Amendments

Arts. 238-239

Supremacy

Arts. 1-6

FundmentalRights

Arts. 7-40

Separation of Power StatesEmpowers

Controls

ReviewsLimitation of

Provincial Power

FR also limits Provinces

Fed law ‘supersede’ Provincial laws

Tenth AmendmentFederalism

Federalism is a shield against federalPower that Protects state Autonomy

Federal Law Provincial Law

Federal and Provincial laws regulate individual, subject to the limitation shown,but “the people” are the ultimate repository of sovereignty

We The People

The FR is a shieldagainst govt powerthat protectsindividual liberties

Justice without strength is helpless,

strength without justice is tyrannical.

Introduction

Competition Law Pakistan India

Competition Law 2007 Ordinance - by 2010 Act 2002 Acct

The Authority 2008 2003

Merger Control Competition (Merger Control) Regulations, 2007

Competition Commission of India (Procedure in regard to the transaction of business relating to

combinations) Regulations, 2011

Relevant Provision ss.2 (e), 2(h) and s.11 of the Act. ss. 5, 6, 19, 20, 29, 30 and 31 of the Act.

Jurisdiction Territorial Extra-Territorial

Mandatory Yes Yes

Nature ex-ante merger control ex-ante merger control

Filing Deadlines As soon as enter into agreement i. 30 calendar days (pre-clearance), ii. 7 days (post-closing)

Suspension Effects Yes Yes

Substantive Assessment

Criteria Pakistan India

Substantive Test Substantially lessen competition (SLC)

Contrary to public interest or is patently unfair to any group

of shareholders (AAEC)

Efficiency defence N/A YES

National Security - YES

Exemptions - Public interest / Economic development

Notification Thresholds

Filing

Scope and Form Pakistan India

JV subject to Control Yes Yes

Notification is Mandatory Yes Yes

Filing Deadlines Not strictly notification. 15 days if threshold is met

30 days maximum if threshold is met

Filing Fee PKR 1000 INR 4000000

Deadlines

Procedure Pakistan India

Phase-I 30 days 30 days

Phase-II 90 days 180 days

Total Length 120 days 210 days

Procedural Conditions

Procedure Pakistan India

Approval with Conditions Yes Yes

Inquisitorial System Yes Yes

Appeal to Prohibition Yes Yes

Appeal to Clearance Yes Yes

Closing Approval No Yes

Exemptions