Summary

Background of Case:

M/s Fecto Belarus Tractors (Pvt.) Ltd. (FBT) filed a complaint against Shehzad Trade Links for entering into an agreement with M/s Minsk Tractor Works in violation of Section 4 of the Ordinance. The Commission after conducting Enquiry disposed off the matter vide its Order dated 2-10-2009. FBT being aggrieved of the Order preferred an appeal against the Order before the Appellate Bench of the Commission on the ground that they were neither joined in the Enquiry, confronted by the Enquiry Officer nor was it confronted with the Enquiry Report before passing of the Impugned Order. The Appellate Bench of the Commission vide its Order dated 16-03-2010 remanded the matter back to the Member (Cartels, Monopolies & Trade Abuses) who may after giving both the parties an opportunity of hearing, pass an Order afresh as deemed appropriate under the circumstances.

The Order:

The Single Member of the Commission vide its Order dated 28-05-10, disposed off the Order while observing that, ‘pursuant to the remand order passed by the Learned Appellate Bench, both Complainant and the Respondent were invited vide hearing notices dated 5 May 2010 to present their case before this Bench on 18 May 2010. However, the counsel for the Complainant requested vide letter dated 8 May 2010 to dispose of the complaint as not pressed in view of the fact that the impugned exclusive agency agreement was valid only till the end of 2009 and the same is no more effective.’ Hence, the complaint was dismissed.