Connect with us

Business

Tribunal upholds decision in LDI case | The Express Tribune

Published

on

Tribunal upholds decision in LDI case | The Express Tribune



ISLAMABAD:

The Competition Appellate Tribunal has upheld the Competition Commission of Pakistan’s (CCP) decision to penalise Pakistan Telecommunication Company Limited (PTCL) and other Long Distance International (LDI) operators for entering into an anti-competitive International Clearing House (ICH) agreement. These companies have been directed to deposit the fine within 30 days.

The total turnover of PTCL and other LDI operators amounts to Rs11 billion and they have been directed to deposit 2% of the turnover within a month.

While upholding the CCP’s findings, the tribunal reduced the penalty from 7.5% to 2% of the turnover generated from ICH-related activity. It said that if the operators failed to deposit the penalty within 30 days, it would automatically reinstate the original 7.5% fine.

The ICH agreement, signed in 2012, routed all incoming international calls through a single gateway operated by PTCL as the head of LDI consortium. All other LDI operators assigned their termination rights to the consortium, and traffic and revenues were shared on a quota basis rather than through competition.

The arrangement fixed termination rates at around 8.8 US cents per minute, up from about 2 cents earlier, effectively eliminating competition and reducing consumer choice.

Data from the Pakistan Telecommunication Authority (PTA) showed that the incoming call volume dropped 70%, from 1.9 billion minutes in September 2012 to 579 million minutes in February 2013. Despite the sharp decline in traffic, the LDI operators’ revenue surged 308%.

In April 2013, the CCP declared the ICH a cartel arrangement involving price fixing and market sharing. It imposed penalties of 7.5% of the annual turnover (approximately Rs11 billion) on each LDI operator and directed the PTA to restore competition to pre-ICH levels. The ICH policy was subsequently withdrawn in June 2014.

During proceedings, the LDI operators claimed they entered into the ICH agreement on directives from the Ministry of Information Technology (MOIT) and the PTA, arguing that non-compliance would have risked the loss of their licences. However, the tribunal found no genuine state compulsion and ruled that records showed that the LDI operators had lobbied themselves for the ICH policy.

The MOIT had no authority under the Telecom Act, 1996 to issue directives to the operators and its powers were limited to issuing policy directives to the PTA.

The tribunal noted that even if the directives had been given, the operators were fully aware that the ICH violated competition laws, as evidenced by their earlier application for exemption under Section 5 of the Competition Act. The agreement, it held, restricted competition, prevented new entrants and clearly fell within the CCP jurisdiction.

The ruling reaffirmed that the Competition Act, 2010 applies to all undertakings, including the regulators and government bodies. The tribunal stated that even the PTA could be held liable, if found guilty of restricting or reducing competition.

PTCL had argued that the CCP should have conducted an inquiry before issuing a show-cause notice. The tribunal rejected this, saying that an inquiry is not necessary in every case, particularly where facts are admitted. The LDI operators had already acknowledged the existence of the ICH agreement, which was the root cause of the violation.



Source link

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Business

Billions to be paid! US starts refund process for Trump tariffs: Can Indian exporters claim? – The Times of India

Published

on

Billions to be paid! US starts refund process for Trump tariffs: Can Indian exporters claim? – The Times of India


To receive repayments, importers in the US are required to submit claims which include shipment details, applicable tariff classifications. (AI image)

The US government has rolled out a system to facilitate refunds of over $166 billion from tariffs introduced by Donald Trump and later invalidated by the US Supreme Court. In February, the court struck down a broad set of reciprocal tariffs, delivering a significant setback to a central pillar of Trump’s economic agenda and paving the way for repayments.On Monday, US Customs and Border Protection announced that the first phase of its refund-processing platform is now operational, allowing importers and customs brokers to begin filing claims to recover the duties they had paid.The agency had earlier estimated in March that more than 330,000 importers may qualify for reimbursements on duties or deposits linked to over 53 million shipments. In its initial rollout, the platform covers about $127 billion in duty payments eligible for electronic refunds.

Tariff refunds What US Customs and Border Protection has said

The process to return reciprocal tariff payments starts on April 20 through a newly launched online platform, CAPE (Consolidated Administration and Processing of Entries), operated by US Customs and Border Protection.This move follows a February 20, 2026 judgment by the US Supreme Court, which ruled that tariffs introduced by Donald Trump were unlawful. The court found that these duties had been imposed under the International Emergency Economic Powers Act without adequate legal backing.Also Read | Iran has closed Strait of Hormuz completely: What does this mean for India’s crude oil, LPG, LNG supplies?The tariffs impacted a wide range of exports from countries including India. To receive repayments, importers in the US are required to submit claims which include shipment details, applicable tariff classifications and proof of payment. Once approved, these refunds along with interest are expected to be processed within 60 to 90 days. Eligibility is limited to those who originally paid the tariffs, primarily US importers and businesses.The total amount to be refunded is estimated at around $166 billion, with nearly $12 billion tied to Indian goods.The tariff structure began at 10% on April 2, 2025, before escalating quickly. Duties on Indian goods increased to 25% by August 7, 2025, and further to 50% by August 28, remaining at that level until early February 2026. On February 6, 2026, rates were lowered to 18% following negotiations. However, the Supreme Court’s ruling later that month nullified the entire regime, effectively rendering the tariffs void and paving the way for refunds.

What it means for India

Exporters and end consumers are not permitted to file claims directly, although some companies, such as FedEx, may opt to pass on the refunded amounts at their discretion.According to Global Trade Research Initiative (GTRI), around 53% of India’s shipments to the US, which largely comprises textiles and apparel, were subject to higher tariffs. This makes them the largest contributors to the refund pool. Of the nearly $12 billion tied to Indian exports, textiles and apparel are estimated to account for around $4 billion, followed by engineering goods with a similar share and chemicals contributing about $2 billion, while other sectors make up the remainder.However, what is important to understand is that these refunds will not flow directly to Indian exporters. The payments are meant only for US importers who bore the tariff burden.Also Read | Explained: On way to 4th largest, how India slipped to 6th rank & what it means for 3rd largest economy dream“Payments go only to US importers, and exporters have no legal right to claim them. Indian exporters, therefore, have no direct legal route to claim refunds,” explains Ajay Srivastava, founder of GTRI.Hence, any potential recovery of these refunds will depend on commercial discussions. Exporters will need to actively engage with their US counterparts to negotiate a share of the refunded duties, particularly in cases where earlier pricing factored in tariff costs. GTRI explains that this can be done by reopening contracts, adding rebate-sharing clauses, asking for price revisions or credit notes, and using invoices and tariff data to show how costs were absorbed. “Exporters with stronger bargaining power, especially in textiles and engineering goods, may secure better terms in future orders,” the think tank says.Industry bodies such as the Apparel Export Promotion Council, Engineering Export Promotion Council of India and Chemexcil can also assist exporters with guidance on contract renegotiation and sector-specific approaches, it adds.



Source link

Continue Reading

Business

Apple names new boss to replace Tim Cook after 15 years

Published

on

Apple names new boss to replace Tim Cook after 15 years



John Ternus will take over running the technology giant as Cook steps up to become executive chairman.



Source link

Continue Reading

Business

SBP receives final $1bn from Saudi Arabia, bringing total deposit reaches $3bn – SUCH TV

Published

on

SBP receives final bn from Saudi Arabia, bringing total deposit reaches bn – SUCH TV



The State Bank of Pakistan (SBP) has received $1 billion from the Ministry of Finance of the Kingdom of Saudi Arabia, marking the second tranche of a $3 billion deposit agreed recently, the central bank said on Tuesday.

According to the statement issued by the central bank, the second tranche was received with a value date of April 20, 2026.

The first tranche of $2 billion had already been received on April 15, 2026, bringing the total inflows under the arrangement to $3 billion.

The development comes days after Prime Minister Shehbaz Sharif’s visit to Saudi Arabia, where he engaged in diplomatic efforts aimed at promoting regional peace.

During his visit, the premier met Crown Prince Mohammed bin Salman in Jeddah and expressed appreciation for the Kingdom’s continued support for Pakistan’s economic stability. He also conveyed solidarity with Saudi Arabia in light of recent regional developments.

Earlier on April 16, Finance Minister Muhammad Aurangzeb had announced that Saudi Arabia would provide $3 billion in additional financial support, with disbursement expected shortly.

He also noted that Riyadh had extended the tenure of its existing $5 billion deposit, removing the earlier annual rollover requirement.

The Saudi funding has strengthened Pakistan’s external position as it repaid $2 billion in debt to the United Arab Emirates (UAE).

The amount was kept with the central banks as a safe deposit.

Saudi Arabia has been a key financial partner for Pakistan, having provided support packages during previous economic challenges, including a $6 billion assistance programme in 2018 comprising deposits and oil facility arrangements.



Source link

Continue Reading

Trending