2023 PLP 1461 (CLD)

JUSTICE MAMOON RASHID SHEIKH, CHAIRPERSON.

This order is in continuation of the order, dated 16.06.2022 (wrongly typed out as 16.06.2021).

2. The instant appeal under section 42 of the Competition Act, 2010 (the Act), arises out of the order, dated 31.01.2020, passed by the Competition Commission of Pakistan (the CCP/respondent), whereby in exercise of it's powers under section 11 of the Act to approve mergers of undertakings, the CCP has concluded the Phase-II Review of the pre-merger application in the matter of the proposed acquisition of Messrs Careem Inc. by Messrs Uber Technologies, Inc. (Appellant No. 2) through Messrs Augusta acquisition B.V. (Appellant No. 1).

3. It is maintained by the appellants that whilst they are not entirely dissatisfied with the impugned order, however, the appeal has been filed as a measure to rectify certain critical failures which perhaps have been inadvertently missed out by the CCP in the impugned order but are nonetheless of great importance to the appellants in terms of their compliance with the terms of the impugned order.

4. The learned counsel for the appellants on the last date of hearing submitted that subsequent to passing of the impugned order, the appellants approached the CCP for rectification of the impugned order. The sought for rectifications have been made by the CCP in the impugned order through the Corrigendum, dated 03.06.2020. The learned counsel sought time to file a copy of the Corrigendum.

5. The Corrigendum has been filed through C.M.A. No.1 of 2022. The learned counsel for the appellant prays that the Corrigendum may be made a part of the record.

6. The learned Law Officer of the CCP does not object.

7. C.M.A. No. 01 of 2022 is accordingly allowed.

8. The learned counsel for the appellant submits that due to the issuance of the Corrigendum the grievance of the appellant has been redressed. The appellant, therefore, does not wish to press the appeal.

9. The learned Law Officer of the CCP confirms the issuance of the Corrigendum and does not object if the appellant does not press the appeal.

10. The appeal is accordingly admitted to regular hearing.

11. Notice.

12. The learned law officer of the CCP accepts notice.

13. In view of the statement of the learned counsel for the appellant there is no live issue in the appeal. However, before dismissing the appeal, as not pressed, we would like to highlight an important issue which has been pointed out by the CCP through paragraph 242 of the impugned order. The said paragraph reads as under:- "

242. The Ride Sharing market is a developing sector and can also fetch a significant FDI and may provide for new employment opportunities. At the moment this increasingly important developing segment of the economy has no regulatory legal framework in place, therefore, the Bench strongly recommends that the concerned legislature should purpose a modern regulatory law for regulation of this sector inter alia taking care of licensing and issuing certificate of roadworthiness of vehicles."

14. The appeal is accordingly dismissed as withdrawn with a direction that a copy of this order be remitted to the Ministry of Law and Justice and all Provincial Law Ministries for consideration and necessary action as highlighted by the CCP through Paragraph 242 of it's order, dated 31.01.2020.

15. There is no order as to costs. MH/4/CAT Appeal dismissed.