The Islamabad High Court has dismissed a petition filed by M/s Strawberry Sports Management (Private) Limited. The verdict affirms the regulatory powers of the Competition Commission of Pakistan (CCP) and reinforces its mandate to uphold fair competition practices under the Competition Act of 2010.
Strawberry Sports Management (Private) Limited had applied with the Pakistan Hockey Federation (PHF) for a No Objection Certificate (NOC) to organise a junior hockey league tournament. The PHF, however, declined the request. In response, Strawberry Sports filed a complaint with the Competition Commission of Pakistan (CCP), alleging that the PHF had abused its dominant position by refusing to issue the NOC. The CCP conducted an inquiry and concluded that there is currently no established market for a junior hockey league in Pakistan and no statutory requirement for the PHF to grant NOCs to third parties. As a result, CCP found that the PHF's actions did not constitute an abuse of dominance.
Dissatisfied with these findings, Strawberry Sports Management challenged CCP's inquiry report in the Islamabad High Court.
The matter was heard by IHC's Justice Babar Sattar, who emphasised in his ruling that the CCP had appropriately exercised its regulatory discretion in concluding the matter. The judgement confirmed that the findings in CCP's inquiry did not constitute an order under Section 41 of the Act and, therefore, were not subject to appeal.
The court's order further emphasised that the CCP adhered to the principles of fairness and procedural propriety, ensuring due process.
The judgment clarified the legal principle that the CCP can reject a complaint after concluding an inquiry, without the obligation to issue a Show Cause Notice for every complaint received. The ruling strengthened the CCP's role in promoting competitive practices and effectively reinforced its authority to regulate market behaviour.