Pre-merger application

Applicant/acquirer, had submitted a pre-merger application regarding the clearance from the Competition Commission of Pakistan the acquisition of corporation

Applicant was a dominant player in the relevant product market and would further strengthen its dominant position in the relevant market

Transaction involved the proposed acquisition of the merger corporation by way of contracts, assets and liabilities of the business segments by corporation

Apart from lessening of competition, elimination of a competitor also would reduce the choices available to consumer

Availability of choice was an important determinant of a competitive market

Reduction in choices available to consumers was the concern of the Competition Commission

Bench and the merger parties, however, agreed that a written undertaking by the applicant/acquirer to the effect that, merged corporation's products would continue to be available for a period of three years from the date of closing of transaction in Pakistan

Since the applicant had given a written undertaking to the Competition Commission the Bench authorized the acquisition under S.31(1)(d)(i) of the Competition Act, 2010.