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10. Functions of the Authority.---The functions of the Authority shall be--

(a) to register undertakings, individuals and agreements;
(b) to conduct enquiries into the general economic conditions of the country with particular reference to the concentration of economic power and the existence or growth of monopoly power and restrictive trade practices;

(c) to conduct such enquiry into the affairs of any undertaking or individual as may be necessary for the purposes of this Ordinance;

(d) to give advice to persons or undertakings asking for the same as to whether any actions proposed to be taken by such person or undertaking are consistent with the provisions of this Ordinance, or any rules or orders made thereunder;

(e) to make recommendations to the Federal Government or a Provincial Government or to the appropriate authority or officer of such Government for suitable, Governmental actions to prevent or eliminate undue concentration of economic power, unreasonable monopoly power or unreasonably restrictive trade practices; and

(f) to make such orders and to do all such things as are necessary for carrying out the purposes of this Ordinance.

11. Proceedings in, case of contravention of section 3.---(1) Where the Authority is satisfied that there has been or is likely to be a contravention of the provisions of section 3 and that action is necessary in the public interest, it may make one or more of such orders specified in section 12 as it may deem appropriate.

(2) Before making an order under subsection (1), the Authority shall--

(a) give notice of its intention to make such order stating the reasons therefor to such persons or undertakings as may appear to it to be concerned in the contravention to show cause on or before a date specified therein as to why such order shall not be made; and

(b) give the persons or undertakings an opportunity of being heard and of placing before it facts and material in support of their contention.

(3) An order made under subsection (1) shall have effect notwithstanding anything contained in 'any other law for the 'time being in force or in any contract or memorandum or articles of association.

12. Order of the authority.---(1) An order of the Authority under section 11 may,--

(a) in the case of undue concentration of economic power--
(i) require the firms or companies concerned, not being public limited companies, to be converted, within such time and in such manner as may be specified in the order, into public limited companies;

(ii) require the controlling shareholders of the public limited companies concerned to offer such part of the stocks and shares held by them within such time and in such manner as may be specified in the order to the general public, including the National Investment Trust and an investment institution. established or controlled by Government;

(iii) prescribe the circumstances in which and the conditions on which the associated undertakings concerned may deal with each other;

(b) in the case of unreasonable monopoly power,--
(i) require the person or undertaking concerned to divest himself of the ownership of any stock or shares or other beneficial interest in any undertaking or of any assets within such time and under such conditions as may be specified in the order;
(ii) require the person concerned to divest himself of any position held by him as an officer, director or partner in any undertaking with such time and under such conditions as may be specified in the order;

(iii) require the person or undertaking concerned to divest himself or itself of the management or control of any undertaking within such time and under such conditions as may be specified in the order;

(iv) prohibit the person Or undertaking concerned from acquiring the stock or assets of, or the undertaking from merging with, any other undertaking;

(v) limit the total loans which may be made by any bank or insurance company to any single individual or undertaking, or to any undertaking associated with such bank or insurance company;

(vi) limit the investments of any undertaking engaged in the banking, investment or insurance business;

(vii) require the person or undertaking concerned to take such actions specified in the order as may be necessary to restore competitive prices and eliminate restrictions on output or entry of competitors in the market;

(c) in the case of unreasonably restrictive trade practices,--
(i) require the person or undertaking concerned to discontinue or not to repeat any restrictive trade practice and to terminate or modify any agreement relating thereto in such manner as may be specified in the order;

(ii) require the person or undertaking concerned to take such action specified in the order as may be necessary to restore competition in the production, distribution or sale of any goods or provision of any services.

Explanation.---In the case of unreasonably restrictive trade practices, where any party to any such practice does not carry on business in Pakistan, the order of the Authority shall be with respect to that part of such practice as it carried on in Pakistan."

(2) An order referred to sub-clause (ii) of clause (a) of subsection (1) or sub-clause (i) of clause (b) of that subsection shall not be so made as to require the offer of the stocks or shares at a price below their face value or at a price below the aggregate of such value and fifty per cent., of the difference between such value and the net worth of the stocks or shares as may be determined in accordance with the rules made in this behalf, whichever is greater.

(3) Where any stocks or shares have been offered in pursuance of an order referred to in subsection (2) and have not been actually subscribed, no fresh order of such nature shall be made in respect of the same person or undertaking within a pried of three years from the date of such order.

13. Power to issue interim order.--(1) Where, during the course of any proceeding under section 11, the Authority is of opinion that issue of a final order in the proceeding is likely to take time and that, in the situation that exists or is likely to emerge, an interim order is necessary in the public interest, it may, after giving the persons or undertakings concerned an opportunity of being heard, by order, direct such persons or undertakings to do or refrain from doing or continuing to do any act or thing specified in the order.

(2) An order under subsection (1) may, at any time, be modified or cancelled by the Authority and, unless so cancelled, shall remain in force for such period as may be specified therein but not beyond the date of the final order made under section 11.

14. Special enquiry.---(1) The Authority may, on its own, and shall upon a reference made to it by the Federal Government, conduct special enquiries into any matter relevant to the purposes of this Ordinance.

(2) Where the Authority receives from not less than twenty-five persons a complaint in writing of such facts as constitute a contravention of the provisions of section 3, it shall, unless it is of opinion that the application is frivolous or vexatious or based on insufficient facts, conduct a special enquiry into the mater to which the complaint relates.

(3) If upon the conclusion of a special inquiry under subsection (1) or subsection (2), the Authority is of opinion that the findings are such that it is necessary in the public interest so to do, it shall initiate proceedings under section 11.

15. Powers of the Authority in relation to a proceeding or enquiry.---(1) The Authority shall, for the purposes of a proceeding or enquiry under this Ordinance, have the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), while trying a suit, in respect of the following matters, namely--

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

(b) the discovery and production of any document or other material object producible as evidence;

(c) the reception of evidence on affidavits;

(d) the requisitioning of any public record from any Court or office;

(e) the issuing of commissions for the examination of witnesses and documents.

(2) Any proceeding before the Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860), and the Authority shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (Act V of 1898).

(3) The Authority may, for the purposes of a proceeding or enquiry under this Ordinance, require any person--

(a) to produce before, and to allow to be examined and kept by, as officer of the Authority specified in this behalf, any books, accounts, or other documents in the custody or under the control of the person so required, being documents relating to any matter the examination of which may be necessary for the purposes of this Ordinance; and

(b) to furnish to an officer so specified such information in his possession relating to any matter as may be necessary for the purposes of this Ordinance.

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