The Competition Appellate Tribunal (CAT) has upheld the Competition Commission of Pakistan’s (CCP) decision against Peshawar Electric Supply Company (PESCO) for abusing its dominant position by unfairly restricting access to its infrastructure.
PESCO has been ordered to restore Right of Way (ROW) access to all service providers, including fiber optic and local internet and cable TV operators, on fair, reasonable, and non-discriminatory terms. The tribunal directed PESCO to create a new ROW policy within 30 days after investigations revealed discriminatory pricing—charging internet providers Rs. 100 per pole while local cable operators paid only Rs. 10.
Following CCP’s show-cause notice, PESCO had initially withdrawn ROW access altogether, further impacting service providers. The Commission found these actions violated Section 3 of the Competition Act, 2010, which prohibits abuse of dominance.
With exclusive control over electricity poles and no alternative infrastructure, PESCO’s dominant position was central to the ruling. The CCP urged all electricity distribution companies to adopt transparent, uniform ROW policies to support fair broadband infrastructure development while addressing safety and access issues.The Competition Appellate Tribunal (CAT) has upheld the Competition Commission of Pakistan’s (CCP) decision against Peshawar Electric Supply Company (PESCO) for abusing its dominant position by unfairly restricting access to its infrastructure.
PESCO has been ordered to restore Right of Way (ROW) access to all service providers, including fiber optic and local internet and cable TV operators, on fair, reasonable, and non-discriminatory terms. The tribunal directed PESCO to create a new ROW policy within 30 days after investigations revealed discriminatory pricing—charging internet providers Rs. 100 per pole while local cable operators paid only Rs. 10.
Following CCP’s show-cause notice, PESCO had initially withdrawn ROW access altogether, further impacting service providers. The Commission found these actions violated Section 3 of the Competition Act, 2010, which prohibits abuse of dominance.
With exclusive control over electricity poles and no alternative infrastructure, PESCO’s dominant position was central to the ruling. The CCP urged all electricity distribution companies to adopt transparent, uniform ROW policies to support fair broadband infrastructure development while addressing safety and access issues.