13 February 2012
Ms. Rahat Kaunain Hassan
Chairperson
Competition Commission of
Pakistan
7th Floor South
Islamabad Stock Exchange
Towers
55-B Jinnah Avenue,
Islamabad
(rhassan@cc.gov.pk)
Notice of Contravention of Competition Act, 2010 by
Lahore Bar Association
Madam Chairperson:
As a lawyer before serving
the Competition Commission of Pakistan, I’m sure you spent your share of
mid-summer mornings and afternoons sweating in the dust of the civil courts of
Lahore. I once spent my birthday – which
is in June – in court, wondering why on earth grown men and women would wear
black woollen suits in the heat. But
that the Aiwan-e-Adal for you. You
either love it or leave it.
I’ve had countless
mornings spent rushing to ensure attendance and then, later in the day, arguing
a full roster of cases. Of course one
has to take breaks. I’m not a great fan
of the Bar Room – it’s dark, hot and full of lawyers. So I usually take a refreshment outside. The fellows who operate the canteen are
friends, as are the small army of crate-wielding urchins serving up cold water
or soda throughout the court complex.
Madam Chairperson, I wish
to tell you an open secret: The only antidote for civil court is a cold bottle
of lemon barley squash. It’s my drink of
choice. The elixir of the dewani trade. I usually ask for it by name. I’m not a fan of the soda pop. As I’ve grown older, I’ve developed an intolerance
to the carbonated water, caffeine and sugar.
I’m sure the lemon barley has its share of sugar but, god help me, it
doesn’t give me the shakes like the fizzy stuff. No sir, a few sips lemon barley and I’m up
for haggling with the likes of rent-controllers and guardian judges.
Except today, Madam
Chairperson, I find that the one thing I’d look forward to whilst appearing in
the Civil Court is no more. That is to
say, I have it on good authority that the Lahore Bar Association – having taken
far too literal an interpretation to their name – have prohibited the sale of
Shezan beverages anywhere on the premises of the Aiwan-e-Adal. Shezan, of course, is the brand that produces
lemon barley. They also produce a mango
juice but, if you ask me, the mango juice wallah – Haji Sahib or something –
near Data Darbar has perfected this particular type of juice and, well, once
you’ve tasted it, Shezan or no Shezan, it’s either the real deal or no deal.
Anyway.
The Lahore Bar
Association, I learn, has decided to impose this restriction on sweet beverages
in civil court because, they say, Shezan is a company owned by members of the
Ahmedi sect. Of course, I have no idea
whether this is so. Why would I? Would anyone even care? But the Lahore Bar Association seems to have
a strong point of view on this issue.
The end result, so to speak, is now I don’t have the choice of selecting
my favourite beverage when I go about my working day. This is clearly a preposterous and non-sustainable
situation. I mean, if we let this sort
of thinking out of hand, next thing you know people will be asking us to burn
the Lahore Resolution of 1940 simply because Sir Zafarullah Khan was one of its
authors.
So why am I writing to
you?
I read that section 4(1)
of the Competition Act, 2010 prohibits undertakings from making decisions in
respect of the supply, distribution or control of goods that has the object or
effect of preventing or restricting competition. I understand that Section 2(1)(q) puts a wide
definition on the phrase “undertaking” – wide enough, I think, to include an
entity such as the Lahore Bar Association.
If this is so, wouldn’t the Lahore Bar Association’s decision to
prohibit the sale of Shezan beverages on the premises of the Civil Court amount
to an agreement prohibited by the Competition Act, 2010 and, according to
Section 4(3), void?
I have read that the
Competition Commission has decided similar issues. For example, in the Matter of Murree
Brewery Company Limited vs. SIZA Foods (Private) Limited (2009), the
Commission took notice of the practice of restaurants such as McDonalds, Pizza
Hut and Kentucky Fried Chicken to have exclusive arrangements with either
Coca-Cola or Pepsi Cola. These
exclusivity agreements meant that the Murree Brewery Company was unable to sell
its non-alcoholic beverages in these restaurants. The Commission saw to it that these
restrictive trade practices were changed.
Madam Chairperson, I
hereby formally complain to you of the prohibited agreement put into effect by
the Lahore Bar Association in its decision to prohibit the sale of Shezan
within the premises of the Lahore Civil Court.
The law is a dreary enough profession.
Not having small mercies like lemon barley would take whatever colour’s
left in it. It would also expose me to
products which, as I said, I simply can’t stomach anymore. I therefore request
you to step in and show these jokers that there is law in Pakistan. That it is sensible. And that it doesn’t give a hoot about the
belief of the person who makes your favourite drink.
With best regards.
Very truly yours,
Ahmad Rafay Alam
