Constitution of Pakistan
Relinquished sovereignty
Ratified constitution &
In 1947
in 1973
Sovereignty
We The People
Justice without strength
is helpless, strength
without justice is
tyrannical.
Arts. 175-212B
Arts. 41-49
Arts. 141-159
Arts. 50-89
Parliament
Inter Province
and Federation
Relations
Judiciary
Founder
Controls
Empowers
Separation
of Power
Limitation of
Provincial Power
Reviews
Fed law ‘supersede’ Provincial laws
Federalism
Tenth Amendment
Federalism is a shield against federal
Power that Protects state Autonomy
Federal Law
We The People
Provincial Law
Federal and Provincial laws regulate individual, subject to the limitation shown,
but “the people” are the ultimate repository of sovereignty
Arts. 7-40
Arts. 1-6
Supremacy
Fundmental
Rights
FR also limits
Provinces
States
The FR is a shield
against govt power
that protects
individual liberties
Arts. 238-239
Amendments
Introduction
Competition Law
Competition Law
Pakistan
India
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
ex-ante merger control
ex-ante merger control
Nature
Filing Deadlines
Suspension Effects
As soon as enter into agreement
Yes
i.
ii.
30 calendar days (pre-clearance),
7 days (post-closing)
Yes
Substantive Assessment
Criteria
Substantive Test
Pakistan
Substantially lessen
competition (SLC)
India
Contrary to public interest o
r 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