Federal govt appoints competition tribunal chairman, members

February 27, 2025 (MLN): The federal government has appointed the chairman and two members of the Competition Appellate Tribunal (CAT).

According to a notification issued by the Federal Ministry of Law and Justice, Justice Sajjad Ali Shah, a former judge of the Supreme Court of Pakistan, has been appointed as the chairman of the tribunal.

Additionally, Dr. Faiz Elahi Memon and Asim Akram have been appointed as members.

The CAT in Pakistan is a specialized forum that handles appeals against decisions of the Competition Commission of Pakistan (CCP).

Previously, in November 2023, the federal government had appointed Justice (Retd.) Mazhar Alam Miankhel, former Chief Justice of the Peshawar High Court, as chairman.

However, following his appointment as an ad hoc judge in the Supreme Court in June 2024, the tribunal once again became inactive, according to the press release issued today.

Despite its brief period of functioning, the tribunal made significant progress in addressing pending cases.

By July 2023, it had issued 30 orders on appeals filed against CCP's decisions, enabling the CCP to recover Rs100 million in compliance with these orders.

The tribunal was established under Section 43 of the Competition Act, 2010, and comprises a chairperson and two technical members.

Under Section 42 of the Act, any party can file an appeal against the Commission’s decision or an order of the Appellate Bench within 60 days.

Over the last 10 years, the tribunal remained inactive for nearly 8.4 years, leading to significant legal complications.

In the absence of an operational tribunal, companies often approached the High Courts, resulting in stay orders that further delayed legal proceedings.

The Competition Commission of Pakistan currently has 567 pending cases in various courts, involving penalties worth approximately Rs74 billion.

Additionally, 170 cases are pending before the Competition Appellate Tribunal, while 140 appeals remain unresolved in various High Courts and 177 cases are pending in the Supreme Court.

Chairman CCP Dr. Kabir Sidhu welcomed the new appointments, emphasizing that a functional tribunal would expedite decisions in pending cases.

He noted that delays in resolving appeals had previously hindered the implementation of vital CCP orders across multiple sectors, including sugar, cement, fertilizer, telecom, banks, and consumer goods.

The resolution of such cases is expected to bring clarity and efficiency to the affected industries.

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