BARRIERS TO EFFECTIVE COMPETITION LAW ENFORCEMENT IN PAKISTAN

Abstract

The paper discusses multiple barriers that are impeding the successful enforcement of competition law in Pakistan. Even though competition laws are crucial for maintaining a level playing field in the market, implementing them in Pakistan is not easy. In this study, we identify and examine main institutional, legal, economic and political obstacles to enforcement by Competition Commission of Pakistan (CCP). They also include institutional-based barriers, such as resource limits, shortcomings in specialized expertise, and inadequate enforcement. Authority. From a legal standpoint, ambiguities exist within the Competition Act 2010 and lengthy judicial processes impede the expedited disposal of cases. Economically, the domination of large holding companies poses a serious obstacle to retaining competitive markets, while politically, excessive pressure and the prevailing omnipresent corruption seriously complicate the work of law enforcement bodies. This research draws upon a comparative analysis with countries that have successfully responded to certain common challenges and extracts the best practices and lessons that Pakistan can learn from. The paper offers specific suggestions that could help make institutions stronger and the legal framework tighter, besides increasing transparency, to reduce political meddling. In sum, the study concludes that a number of changes are demanded in the reform in the competition laws in Pakistan and to endow the CCP with the sufficient powers to make competition laws work effectively for the economy of Pakistan and for the welfare of Pakistani consumers. Ongoing reforms and their effects should thus be the key focus of future research, aiming at a more dynamic reconstruction of the severely broad changes that Pakistani competition law enforcement underwent.