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MONOPOLIES AND RESTRICTIVE TRADE PRACTICES
(CONTROL AND PREVENTION)
ORDINANCE, 1970
(V OF 1970)

An Ordinance to provide for measures against undue concentration
of economic power, growth of unreasonable monopoly power
and unreasonably restrictive trade practices

[Gazette of Pakistan, Extraordinry, 26th February, 1970]

No. F. 24(1)/70-Pub.---The following Ordinance made by the President on the 21st February, 1970, is hereby published for general information:--

Whereas the undue concentration of economic power, growth of unreasonable monopoly power and unreasonably restrictive trade practices are injurious to the economic well-being, growth and development of Pakistan:--

And whereas it is expedient to provide for measures against such concentration, growth and practices and for matters connected therewith or incidental thereto;

And whereas the national interest of Pakistan in relation to the economic and financial stability of Pakistan requires Federal legislation in the matter;

Now, therefore, in pursuance of the Proclamation of the 25^th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

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1. Short title, extent and commencement.---(1) This Ordinance may be called the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970.

(2) It extends to the whole of Pakistan.

(3) It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint.

2. Definitions.---(1) In this Ordinance, unless there is anything repugnant in the subject or context,--

(a) "agreement" includes any arrangement or understanding whether or not in writing and whether or not it is or is intended to be legally enforceable;

(b) "associated undertakings" means any two or more undertakings interconnected with each other in the following manner, namely:--
(i) if a person who is the owner or a partner, [****] of an undertaking or who directly or indirectly holds or controls shares carrying not less than Thirty per cent Of the voting power in such undertaking, is also the owner or a partner, [****] of another undertaking or, directly or indirectly, holds or controls shares carrying not less than Thirty per cent. of the voting power in that undertaking or;

(ii) if the undertakings are under common management or common control or one is the subsidiary of another:

(c) "Authority" means the Monopoly Control Authority constituted under section 8;

(d) "control", in relation to an undertaking, means the power to exercise a controlling influence over the management or the policies of .the undertaking, and, in relation to shares, means the power to exercise a controlling influence over the voting power attached to such shares;

(e) "individual" includes a Hindu undivided family:

(f) "market" in relation to any goods or services, means the geographic region in which competition in the production or sale of such goods or the provision of such services takes place;

(g) "Monopoly power" means the ability of one or more sellers in a market to set non-competitive prices or restrict output without losing a substantial share of the market or to exclude others from any part of the market;

(h) "price", in relation to the sale of any goods or to the provision of any services, includes every valuable consideration, whether direct or indirect which in effect relates to the sale of any goods or the provision of any services;
(i) "Retailer", in relation to the sale of any goods, means a person who sells the goods to any other person otherwise than for re-sale.

(j) "service" means provision of board, lodging transport, entertainment or amusement, or of facilities in connection with the supply of electrical or other energy, purveying of news, banking, insurance or investment;

(k) "trade" means any business, industry, profession or occupation relating to the production, supply or distribution of goods or the control of production, supply or distribution of goods, or to the provision or control of any service;

(1) "trade practice" means any act or practice relating to the carrying on of any trade or business;

(m) "undertaking" means any concern, institution,- establishment or enterprise engaged in the production, supply or distribution of goods, or in the provision or control of any service;

(n) "unreasonably restrictive trade practice" means a trade practice which has or may have the 'effect of unreasonably preventing, restraining or otherwise lessening competition in any manner;

(o) "value of assets ", in relation to an undertaking, means the value of assets of the undertaking at cost less depreciation at the normal rates at which depreciation is calculated for purpose of assessment of income-tax;

(p) "wholesaler", in relation to the sale of any goods, means a person who purchases goods and sells them to any other person for re-sale; and "words and expressions" used but not defined in this Ordinance and defined in the Companies Act, 1913 (VII of 1913), have the meanings respectively assigned to them in that Act.

(2) For the purposes of this Ordinance an individual shall be deemed to own, hold or control a thing if it is owned, held or controlled by the individual or his spouse, or by a brother or sister of the individual or by any of the lineal ascendants or descendants of the individual.

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