Constitution, but is now referable to Article 38(a) of the Constitution of the Islamic Republic of Pakistan, in Chapter 2, relating to Principles of Policy.

The objective of the MRTPO came up before the august Supreme Court of Pakistan in Sanaullah Woolen Mills Ltd. and Another v. Monopoly Control Authority (PLD 1987 SC 202) while hearing an appeal against an order under the MRTPO wherein the august Supreme Court of Pakistan held that: 

This legislation is the first of its kind in Pakistan and was intended to provide measures against undue concentration of economic power, growth of unreasonable monopoly power and unreasonably restrictive trade practices to secure national interest of Pakistan in relation to its economic and financial stability. It was enacted before the Constitution, but is now referable to Article 38(a) of the Constitution of the Islamic Republic of Pakistan, in Chapter 2, relating to Principles of Policy. Such legislations became an important aspect of economic policies of almost all the western countries. Economic power belonging to the genus monopoly was commonplace with the economy but the enacting sections of our Ordinance regulating the undertaking’s undue concentration of power has no analogous in the world, and should, therefore, be regarded exceptional in the context of monopoly or antitrust legislations in the various countries of the world. (Emphasis added)

 Part of Judgment 

IN THE LAHORE HIGH COURT AT LAHORE JUDICIAL DEPARTMENT 

Writ Petition
1024369.9518-09

2020 LHC 2274

Download Link