Competition Commission of Pakistan Informant Regulations 2014

COMPETITION COMMISSION OF PAKISTAN
DRAFT COMPETITION (REWARD PAYMENT TO INFORMANT) REGULATIONS, 2014
The following Competition (Reward Payment to Informant) Regulations, 201 4 (the `Regulations') are proposed to be made by the Competition Commission of Pakistan (the 'Commission'), in exercise of its powers conferred by Section 58 of the Competition Act, 2010.1n this regard, the following Regulations are hereby published, as required by the aforesaid statutory provisions, for eliciting public opinion. 2. In addition, notice is also given that upon coming into force of these regulations, Part IX of Competition Commission (General Enforcement) Regulations, 2007 (the 'General Enforcement Regulations') and Regulations 55 to 57, which were inserted vide S.R.O. No. 1126(1)12008 dated 3011 October 2008 shall be deleted and existing Part X of the General Enforcement Regulations shall be renumbered as Part IX and the existing Regulations 58 to 60 shall be renumbered as Regulations 55 to 57, respectively. 3. Notice is hereby given that the draft amendments will be taken into consideration after thirty days of their publication.. Any suggestions/comment-received in respects of the said draft Regulations before the expiry of the said period will be considered by the Commission.
Islamabad January 06, 2014
NOTIFICATION S.R.O. /2014--In exercise of the powers conferred under Section 58 of the Competition Act, 201 0 (the 'Act'), the Competition Commission of Pakistan (the 'Commission') is pleased to make the followings-regulation, namely?
COMPETITION (REWARD PAYMENT TO INFORMANT) REGULATIONS, 2014 41. Short title and commencements. 1.. These regulation-may be calleds the Competition (Reward Payment to Informants) Regulations, 2014. (2) These regulations shall come into force at once. (3) These regulations shall apply to persons who furnish information regarding contravention or a possible contravention of section 4 of the Act, except for the employees of the Commission and their dependents thereof. 2. Definitions. (1) In these regulation, unless there is anythings repugnants in the subject or context: (a) "Act" means the Competition Act, 2010. (b) "Commission" means the Competition Commission of Pakistan established under the Act. (c) "Informant" means and includes any person providing the Commission with the information regarding the prohibited activity. (d) "Information" means and includes material information about the involvement of undertaking in a prohibited activity, which is known by the undertaking's board of Director, Managements, &/or Employes but not-by the public and interalia includes: (I) Minutes of meetings; (ii) Emails and fax transmissions exchanges between the Cartel members and the concerned directors/employees of the Undertaking; (iii) Voice/video recordings of the meetings held. (e) "Prohibited Activity" means any of the activities which are prohibited under section 4 of the Act. (2) The words and expressions used in these regulation, & not defineds-herein, shall-have the meaning respectively assigned to them in the Act or the rules and regulations prescribed under the Act. 3. Quantum of Reward: The Commission may grant reward ranging from Rs. 200,000/- (Rupees Two Hundred Thousand Only) to Rs. 2,000,000/- (Rupees Two Million Only), to informants furnishing the information of the prohibited activity and fulfilling all other requirements under these regulations. 4. Approaching the Commission.—(1) The informant may make initial contact with the Commission either via phone or otherwise, but without necessarily disclosing of his/her name, if the informant is hesitant to reveal his/her identity at the very start. (2). After initial contacts, an officers, not lesss than the ranks of Directors, shall be designated by the Chairman to liaise with the informant. (3). The officers designated to deal with the informant shall ensure that any information provided is carefully safeguarded and handled. (4). Upon initial assessment of the information provided by the informant, if the liaison officer finds that the information is likely to assist the Commission, a meeting with the Informant shall be arranged by the liaison officerto seek further details. (5). The Informant shall remain available and continuously cooperate with the Commission unless the Commission issues the Order. (6). It shall be within the discretion of the Commission not to accept the intended information provided by the informant, and it shall also be within the discretion of the Commission to grant the financial reward claim, based on the veracity and usefulness of the information supplied under these regulations. 5. Calculation of Reward. (1) The reward payable under these regulations shall be calculated by the Commission, while taking into account any or all of the following: (i). Accuracy, usefulness and effectiveness of the information provided under these regulations; (ii). Efforts made by the informant and the nature of cooperation extended by the informant; (iii). The seriousness of the prohibited activity.
(2). The determination of the Commission regarding the quantum of the reward under these regulations shall be final. 6. Payment of Reward.—(1). The payment of reward shall be made in the following two stages: (i) initial payment may be made within thirty (30) days of receipt of complete information and subject to the regulations (5) above after assessing generally the value/materiality of information given; and (ii) The final/remaining payment may be made within sixty (60) days of conclusion of enquiry and issuance of Show Cause Notice. (2). In the event, the Commission comes to a conclusion that the information provided is false, fabricated or inaccurate, the Commission may by Order direct the informant to return the amount of reward. 7. Confidentiality: The Commission shall, to the extent that is consistent with its obligations to disclose or exchange information, to keep the identity of the Informants under these regulations confidential. The comments/suggestion on the draft Regulations may be sent to Mr. Ikram Ul Hague Gureshi, Director General (Law/Registrar) on the address of the Commission or through email: ikram@cc.gov.pk.
Competition Commission of Pakistan Government of Pakistan 71h1 8t & 9Th Floors, ISE Towers, 55-B Jinnah Avenue, Islamabad/ Ph: 051-9100260-63, Fax: 051-9100297
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