Problems relating to Trade and Investment on Pakistan

 
23. Inefficient administrative procedures, regimes and practices
Issue
Issue details
Requests
Reference
(1) Irrational Retroactive Application of Prior Notification Requirement on Corporate Mergers - A member firm received Notification from Competition Commission of Pakistan (CCP), ordering the member firm to file "Pre-merger notification" on mergers and acquisition case consummated several years ago, pursuant to Competition Act, 2010 (CA '10), while the governing act requiring "Pre-merger notification" was promulgated after the consummation of the case in concern. In addition, payment of fees under the Competition Act is necessary to file "Pre-merger notification". - It is requested that CCP:
-- repeals retroactive application of the laws promulgated after completion of the performance under contract, as such retroactive application is improper, and
-- obviates the need for pre-merger notification, as requiring the same examination procedures as the previous filing of pre-merger notification on the issue already completed is not only difficult but also meaningless.

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