ISLAMABAD: In a major development, the Lahore High Court (LHC) has held that the Competition Commission of Pakistan (CCP) is fully empowered under Sections 36 and 37 of the Competition Act, 2010 to collect information, examine market conduct, and enquire into potential anti-competitive behaviour.
The LHC dismissed an intra-court appeal (ICA) filed by an auto company, reaffirming the statutory appellate framework under the Competition Act, 2010 and upholding the Competition Commission of Pakistan’s (CCP) authority to conduct enquiries.
The carmaker had filed the intra-court appeal against the judgment passed by a learned Single Judge of the LHC on October 20, 2025, whereby its writ petition challenging the CCP’s enquiry proceedings was dismissed. In that judgment, the Court held that the CCP is fully empowered under Sections 36 and 37 of the Competition Act, 2010 to collect information, examine market conduct, and enquire into potential anti-competitive behaviour. It further observed that furnishing information to the Commission is a statutory obligation and rejected attempts to challenge jurisdiction at an advanced stage of proceedings.
While hearing the ICA, a two-member LHC bench comprising Justice Ch Muhammad Iqbal and Justice Syed Ahsan Raza Kazmi held that the intra-court appeal was not maintainable, as the law provides a specific and adequate mechanism of appeal within the competition law regime. The Court emphasised that where a statutory right of appeal exists, the intra-court appeal within High Court is not maintainable as prescribed under the Law Reforms Ordinance, 1972.
Under the Competition Act, 2010, any person aggrieved by an order passed by a Member or an authorised officer of the CCP may file an appeal before the Appellate Bench of the Commission within thirty days. Moreover, any person aggrieved by an order of two or more members of the Commission or its Appellate Bench may prefer an appeal before the Competition Appellate Tribunal within sixty days of the communication of the order.
The Court clarified that the existence of these remedies renders constitutional petitions and intra-court appeals inadmissible at an intermediate stage, particularly where enquiry proceedings are ongoing and no final order has been passed.
The CCP’s enquiry, initiated in November 2018, relates to alleged anti-competitive practices in the automobile sector, including on-money (premium), delayed deliveries, and price increases after booking. Multiple notices were issued seeking detailed information; however, despite extensions, the required data was not fully furnished.
The judgment reinforces the self-contained appellate structure under the Competition Act and strengthens the CCP’s mandate to conduct enquiries and enforce competition law, thereby promoting transparency and fair competition in the market.
Copyright Business Recorder, 2026
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