Deciphering Competition Regime of Pakistan: Analyzing Commitment Decisions
Keywords:
Commitments, Competition Concerns, Financial Penalties, Enforcement Process, Competition Commission of PakistanAbstract
One of the fundamental aspects of Pakistan’s competition regulatory framework is the provision for undertakings to propose commitments as a means of addressing competition concerns raised by the Competition Commission of Pakistan. Commitment decisions offer a pathway for undertakings to resolve such concerns without admitting to any violations of competition law or facing financial penalties. Some experts view this approach as promoting a more efficient and flexible enforcement process, while others hold opposing views. This article examines whether the advantages of commitment decisions outweigh any potential disadvantages they might carry. It outlines the key characteristics of the commitment mechanism applied by the Competition Commission of Pakistan and assesses whether the existing provisions are sufficient in achieving the intended outcomes. Additionally, this article investigates Pakistan’s current commitment mechanism and, when relevant, draws comparisons with the commitment provisions in the European Union. It underscores the importance of ongoing evaluation and improvement of the commitment decision process.
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