In its more recent orders, CCP has discontinued the practice of invoking its foreign antecedents, however, it continues to rest the finding of anti-competitiveness of an agreement on a theoretical analysis of the practice and its treatment in foreign, more economically advanced jurisdictions, rather than on an economic analysis in the Pakistani context. More importantly, CCP’s approach towards finding of anti-competitiveness remains formalistic. In fact, over the years its analysis has become increasingly summary in respect of both horizontal and vertical agreements.
