Practices

Mandviwalla & Zafar represents clients in a variety of matters before the Competition Commission of Pakistan, which range from simple marketing and distribution issues, consumer protection to complex corporate mergers and cartel allegations.

Anti-Trust & Competition

M&Z has a strong and established Competition and Anti-Trust practice. Our vast knowledge and understanding of industry practices that are essential for excellence in Competition and Anti-Trust Law have gained us the confidence of our clients as well as the regulators.

The firm represents clients in a variety of matters before the Competition Commission of Pakistan, which range from simple marketing and distribution issues, consumer protection to complex corporate mergers and cartel allegations.

Although the Competition Law in Pakistan is a comparatively new statutory development but M&Z has been providing Anti Trust advice and assistance to its clients since prior to its promulgation, when we advised clients under the regime of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 under regulation of the Monopolies Control Authority.

Under the Competition Law, M&Z has particular experience in handling mergers of corporate entities and banking companies, as all mergers are required to be notified to the Competition Commission of Pakistan in accordance with the relevant provisions of the Competition Law due to the impact, if any, they would have on the relevant "reportable market".

M&Z also regularly advises clients on issues relating to price fixing, market allocation, discriminatory pricing and deceptive market practices and represent them before the Competition Commission of Pakistan.

M&Z is also featured on www.antitrustasia.com, being a firm with an active Anti-Trust and Competition Law practice.

Transactional Experience

List of M&Z's recent Competition and Anti-Trust Experience:

Pre-merger Application - Merger of RBS Pakistan with and into Faysal Bank Limited

M&Z represented Faysal Bank Limited before the Competition Commission of Pakistan and filed the Pre-merger Application under Section 11(3) of the Competition Act, 2010 read with Regulation 5 of the Competition (Merger Control) Regulation 2007 on behalf of Faysal Bank Limited, being the application seeking the clearance of the Competition Commission to proceed with the proposed merger of RBS Pakistan with and into Faysal Bank Limited.

Pre-merger Application - Merger of Atlas Bank Limited with and into Summit Bank

M&Z represented Summit Bank Limited before the Competition Commission of Pakistan and filed the Pre-merger Application under Section 11(3) of the Competition Act, 2010 read with Regulation 5 of the Competition (Merger Control) Regulation 2007 on behalf of Summit Bank Limited, being the application seeking the clearance of the Competition Commission to proceed with the proposed merger of Atlas Bank Limited with and into Summit Bank Limited.

Pre-merger Application - Acquisition of Majority Shareholding of Arif Habib Bank Limited by Suroor Investments

M&Z acted for Suroor Investments before the Competition Commission of Pakistan and filed the Premerger Application under Section 11(3) of the Competition Act, 2010 read with Regulation 5 of the Competition (Merger Control) Regulation 2007 on behalf of Suroor Investments, being the application seeking the clearance of the Competition Commission to proceed with the acquisition of the majority shareholding of Arif Habib Bank Limited from Arif Habib Group.

Pre-merger Application - Merger of MyBank Limited with and into Summit Bank

M&Z represented Summit Bank Limited before the Competition Commission of Pakistan and filed the Pre-merger Application under Section 11(3) of the Competition Act, 2010 read with Regulation 5 of the Competition (Merger Control) Regulation 2007 on behalf of Summit Bank Limited, being the application seeking the clearance of the Competition Commission to proceed with the proposed merger of MyBank Limited with and into Summit Bank Limited.

Pre-merger Application - Merger of Bristol Myers Squibb Pakistan (Private) Limited with and into GlaxoSmithKline Pakistan Limited

M&Z represented GlaxoSmithKline Pakistan Limited before the Competition Commission of Pakistan and filed the Pre-merger Application under Section 11(3) of the Competition Act, 2010 read with Regulation 5 of the Competition (Merger Control) Regulation 2007 on behalf of GlaxoSmithKline Pakistan Limited, being the application seeking the clearance of the Competition Commission to proceed with the proposed merger of Bristol Myers Squibb Pakistan (Private) Limited with and into GlaxoSmithKline Pakistan Limited.

Pre-merger Application - Merger of Stiefel Laboratories Pakistan Limited with and into GlaxoSmithKline Pakistan Limited

M&Z represented GlaxoSmithKline Pakistan Limited before the Competition Commission of Pakistan and filed the Pre-merger Application under Section 11(3) of the Competition Act, 2010 read with Regulation 5 of the Competition (Merger Control) Regulation 2007 on behalf of GlaxoSmithKline Pakistan Limited, being the application seeking the clearance of the Competition Commission to proceed with the proposed merger of Stiefel Laboratories Pakistan Limited with and into GlaxoSmithKline Pakistan Limited.

Pre-merger Application - Merger of Emirates Global Islamic Bank Limited with and into Al Baraka Islamic Bank Pakistan Limited

M&Z represented Emirates Global Islamic Bank Pakistan Limited before the Competition Commission of Pakistan and filed the Pre-merger Application under Section 11(3) of the Competition Act, 2010 read with Regulation 5 of the Competition (Merger Control) Regulation 2007 on behalf of Emirates Global Islamic Bank Pakistan Limited, being the application seeking the clearance of the Competition Commission to proceed with the proposed merger of Emirates Global Islamic Bank with and Al Baraka Islamic Bank Pakistan Limited.

Pre-merger Application - Acquisition of Majority Shareholding of United Bank Limited by Bestways Group

M&Z represented Bestways Group, one of the sponsor shareholder of United Bank Limited before the Competition Commission of Pakistan and filed the Pre-merger Application under Section 11(3) of the Competition Act, 2010 read with Regulation 5 of the Competition (Merger Control) Regulation 2007 on behalf of Bestways Group, being the application seeking the clearance of the Competition Commission to proceed with the acquisition of the majority shareholding of United Bank Limited from His Highness Sheikh Nahyan Al Mubarak Al Nahyan, the other sponsor shareholder of United Bank Limited.

Pre-merger Application - Acquisition of Majority Shareholding of Rozgar Microfinance Bank Limited by Pakistan Telecommunication Company Limited

M&Z represented Pakistan Telecommunication Company Limited, before the Competition Commission of Pakistan and filed the Pre-merger Application under Section 11(3) of the Competition Act, 2010 read with Regulation 5 of the Competition (Merger Control) Regulation 2007 on behalf of Pakistan Telecommunication Company Limited, being the application seeking the clearance of the Competition Commission to proceed with the acquisition of the majority shareholding of Rozgar Microfinance Bank Limited from its existing shareholders.

Representation in the Head and Shoulders matter - Appearance on behalf of Procter and Gamble Pakistan (Private) Limited

Competition Commission of Pakistan had raised allegations against an advertisement of "Head and Shoulders" shampoo, used by Procter and Gamble Pakistan (Private) Limited, which claimed that the "Head and Shoulders" shampoo was "the world’s No. 1 anti-dandruff shampoo" and the use of the shampoo made the hair "100% dandruff free". Competition Commission of Pakistan alleged this advertisement to be false and providing misleading information to the consumers.

M&Z appeared before the Competition Commission of Pakistan on behalf of Procter & Gamble Pakistan (Private) Limited. This matter was decided in favour of Procter and Gamble Pakistan (Private) Limited, and the judgment has been reported in the legal journal, Corporate Law Decisions.

Representation in the Tetra Pak matter - Appearance on behalf of Tetra Pak Pakistan Limited

In an enquiry report submitted to the Competition Commission of Pakistan, it had been alleged that Tetra Pak Pakistan had been abusing its dominant position in the packaging industry and this violated certain provisions of the Competition Law.

M&Z appeared before the Competition Commission of Pakistan on behalf of Tetra Pak Pakistan Limited. This matter was decided in favour of Tetra Pak Pakistan Limited, and the judgment has been reported in the legal journal, Corporate Law Decisions.

Representation in the Baygon Matter - Appearance on behalf of Reckitt Benckiser Pakistan Limited

A complaint was filed on behalf of Reckitt Benckiser Pakistan Limited under Section 30 of the Competition Act, 2010 read with Regulation 17(2) Of The Competition Commission (General Enforcement) Regulations, 2007 against S.C. Johnson & son Pakistan Limited before the Competition Commission of Pakistan in respect of the claim being made by S.C. Johnson in respect of its brand "Baygon" alleging the brand to be "No. 1 in Pakistan"

M&Z appeared before the Competition Commission of Pakistan on behalf of Reckitt Benckiser Pakistan Limited. This matter was decided in favour of Reckitt Benckiser Pakistan Limited, and the judgment has been reported in the legal journal, Corporate Law Decisions.