The Federal Government has finally taken much awaited decision and filled vacant top slots of Competition Appellate Tribunal Thursday while appointing former judge of the Supreme Court Sajjad Ali Shah as Chairman whereas Dr Faiz Elahi Memon and Asim Akram as members of the Tribunal for three years.
Issuing notification on Thursday Federal Ministry of Law and Justice has appointed chairman and two members of Competition Appellate Tribunal (CAT) which 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 of the tribunal. However, following his appointment as an ad hoc judge in the Supreme Court in June 2024, the tribunal once again became inactive.
Despite its brief period of functioning, the Competition Appellate Tribunal made significant progress in addressing pending cases. By July 2023, the tribunal had issued 30 orders on appeals filed against CCP’s decisions, enabling the CCP to recover Rs 100 million in compliance with these orders.
The Competition 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, creating significant legal complications. In the absence of an operational tribunal, companies often approached the High Courts, leading to stay orders causing further delays in legal proceedings.
The Competition Commission of Pakistan currently has 567 pending cases in various courts, involving the penalties worth approx. Rs 74 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.
The Chairman CCP Dr Kabir Sidhu expressed satisfaction with this new development, emphasizing that a functional Tribunal would expedite decisions in pending cases. Delays in resolving appeals had previously hindered the implementation of vital CCP orders across diverse sectors such as sugar, cement, fertilizer, telecom, banks, and consumer goods. The resolution of such cases is anticipated to bring clarity and efficiency to the affected industries at large.
