Presentation on theme: "Constitution of Pakistan Relinquished sovereignty In 1947 Ratified constitution & in 1973 Sovereignty We The People Parliament Founder Arts. 175-212BArts."— Presentation transcript:
Constitution of Pakistan Relinquished sovereignty In 1947 Ratified constitution & in 1973 Sovereignty We The People Parliament Founder Arts. 175-212BArts. 41-49 Judiciary Arts. 50-89 Inter Province and Federation Relations Arts. 141-159 Amendments Arts. 238-239 Supremacy Arts. 1-6 Fundmental Rights Arts. 7-40 Separation of Power States Empowers Controls Reviews Limitation of Provincial Power FR also limits Provinces Fed law ‘supersede’ Provincial laws Tenth Amendment Federalism Federalism is a shield against federal Power 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 shield against govt power that protects individual liberties Justice without strength is helpless, strength without justice is tyrannical.
Introduction Competition Law PakistanIndia Competition Law2007 Ordinance - by 2010 Act2002 Acct The Authority20082003 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. JurisdictionTerritorialExtra-Territorial MandatoryYes Natureex-ante merger control Filing DeadlinesAs soon as enter into agreement i.30 calendar days (pre-clearance), ii.7 days (post-closing) Suspension EffectsYes
Substantive Assessment CriteriaPakistanIndia Substantive Test Substantially lessen competition (SLC) Contrary to public interest o r is patently unfair to any group of shareholders (AAEC) Efficiency defenceN/AYES National Security-YES Exemptions- Public interest / Economic development
Filing Scope and FormPakistanIndia JV subject to ControlYes Notification is MandatoryYes Filing Deadlines Not strictly notification. 15 days if threshold is met 30 days maximum if threshold is met Filing FeePKR 1000INR 4000000 Deadlines ProcedurePakistanIndia Phase-I30 days Phase-II90 days180 days Total Length120 days210 days
Procedural Conditions ProcedurePakistanIndia Approval with Conditions Yes Inquisitorial SystemYes Appeal to ProhibitionYes Appeal to ClearanceYes Closing ApprovalNoYes Exemptions