ISLAMABAD, November 4 – The Islamabad High Court has dismissed the petition filed by M/s Strawberry Sports Management (Private) Limited, affirming the regulatory powers of the Competition Commission of Pakistan (CCP). This decision reinforces CCP’s mandate to uphold fair competition practices under the Competition Act, 2010.
Strawberry Sports Management (Private) Limited applied to the Pakistan Hockey Federation (PHF) for a No Objection Certificate (NOC) to organize a junior hockey league tournament. PHF declined the request. In response, Strawberry Sports filed a complaint with the Competition Commission of Pakistan (CCP), alleging that PHF abused its dominant position by refusing to issue the NOC. CCP conducted an inquiry and concluded that there is currently no established market for a junior hockey league in Pakistan, and no statutory requirement for PHF to grant NOCs to third parties. As a result, CCP found that PHF’s actions did not constitute an abuse of dominance. Dissatisfied with these findings, Strawberry Sports Management challenged CCP’s inquiry report in the Islamabad High Court.
Justice Babar Sattar, in the ruling, emphasized that CCP had appropriately exercised its regulatory discretion in concluding the matter. The judgement confirmed that the findings in CCP’s inquiry did not constitute an order under Section 41 of the Act and, therefore, were not subject to appeal. The Court’s order emphasized that CCP adhered to principles of fairness and procedural propriety, ensuring due process.
The judgment clarified the legal principle that CCP can reject a complaint after concluding an inquiry, without the obligation to issue a Show Cause Notice for every complaint received. This ruling strengthens CCP’s role in promoting competitive practices and reinforces its authority to regulate market behaviour effectively.
