World Competition
Volume 46, Issue 3 (2023) pp. 353 – 376

https://doi.org/10.54648/woco2023018

Abstract

Judicial forums are the means to achieve the most pivotal goal of maintaining check and balance according to the theory of separation of powers. The judiciary has the power to supervise the legislative and executive branches of the government. The judgments by the courts/appellate forums are vital as they prevent attempts by the competition authorities to abuse their powers when prosecuting wrongdoers and force the competition authorities to conduct more rigorous investigations to prevent legal challenges. In Pakistan certain challenges need to be addressed in order to strengthen the implementation of competition law. There is a need to establish a jurisprudence of competition law. The judgments of courts/appellate forums can set useful precedents. However, the dysfunctional status of the appeal court since the establishment of the Competition Commission of Pakistan (CCP), judges’ lack of experience in the area of competition law and certain other aspects need to be focused on in order to firm up competition law in Pakistan. 

This article intends to review the different forums of appeal available in Pakistan competition regime, eligibility criteria for filing an appeal, procedures of appellate forums, rules governing the procedure and powers of appellate forums. It aims to discuss the importance of judicial protection, the enforcement challenges of Pakistan competition jurisdiction and the suggestions for improvement.

Extract

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