Exaggerated claims: CCP may initiate proceedings against Lahore-based university

The Competition Commission of Pakistan (CCP) has observed that the information related to ranking and position of an educational institute/university within the industry is an indicator of quality of services it is providing and its characteristics and properties. In a latest report of the CCP, the commission found that the said university from Lahore has attempted to misrepresent its accreditations with exaggerated claims which resulted in creating confusion in the minds of consumers.
It is learnt that the CCP inquiry report against a Lahore-based university has recommended that in the interest of the public at large, proceedings may be initiated against the said university of Lahore under provisions of Section 30 of the Act for, prima facie, violation of Section 10 of the Competition Act.
Akram Qureshi (complainant) filed a complaint against a university of Lahore (Respondent), with the CCP for alleged violation of Section 10 of the Competition Act, 2010 (the 'Act'), pertaining to Deceptive Marketing Practices. The university claimed through its prospectus, for the year 2014-2015, that it is "Top Ten in South Asia" and "Best Accredited in Pakistan". It has been alleged by the Complainant that by doing so the university has involved in the Deceptive Marketing Practices.
As per the analysis, the Lahore-based university is, prima facie, violating Section 10 of the Act through distribution of misleading information to the general public. Similarly, where there is a notion of harm caused to the general public at large through deceptive marketing practices, there is a possibility of harm being caused to other undertakings engaged in similar business within the same industry. The Respondent has unjustly enriched through admissions of students in its educational services and is likely to continue to injure consumers and resultantly reap unjust enrichment through its deceptive practices.
Therefore, in view of the above, the Respondent is found distributing misleading information that is capable of harming the business interest of other undertakings, prima facie, in violation of Section 10 (1) of the Act, in terms of Section 10 (2) (a) of the Act.
The CCP stated that since choosing a higher degree is a decision that shapes the future of a student, it is extremely important to be able to make the right decision which is only possible if a person has honest and truthful information. The information related to the ranking and position of an institute within the industry is an indicator of the quality of services it is providing and its characteristics and properties.
In reference to the disclaimer given by the Respondent (Lahore-based university), it is evident that the Respondent has not given false statements regarding its accreditation status. However, the university has attempted to misrepresent its accreditations with exaggerated claims which resulted in creating confusion in the minds of consumers. Furthermore, the university urged the consumers through its disclaimer to proceed to relevant people for specific information is deceptive in itself, where in actual the right information should be communicated right away.
It is pertinent to mention here that there is nothing wrong in creative marketing and advertising as long as the claims are substantiated with evidence and the creative content does not lead the consumer away from the truth.