Who Owns Pakistan - Yimg
Who Owns Pakistan - Yimg
Who Owns Pakistan - Yimg
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inter-corporate investment was the route taken by the, " Lahore Mafia" to acquire<br />
several of the profitable units privatized by first Sharif govt.<br />
The Monopoly Control Authority (MCA) annual report for 1991-92 found 308<br />
cases of inter-corporate financing during the year and another report about textile<br />
found that 105 of 164 textile units examined by it, invested Rs 6,585 million and<br />
Rs 4,285 million repectively in 1991-92 and 1192-93 in their associated<br />
undertakings.<br />
There was also a reverse flow from the associated companies to the parent<br />
companies and 92 textile units received Rs 2,524 million and Rs 2,222 million<br />
from their associated companies during the two years. Thus total inter-corporate<br />
financing in the textile sector during 1990-92 came to a staggering Rs 9 billion.<br />
Even before the promulgation of Companies Amendment Ordinance 1993,<br />
company-law 1984 and related laws were impregnated with provisions aimed at<br />
checking the concentration of wealth and creation of cartels and monopolies. For<br />
example the company law required a listed company seeking to extend loan to<br />
an associated undertaking to give a notice, in at least two newspapers, stating<br />
what will be the security, terms of payment, profit or rate of interest etc.<br />
The Monopolies and Restrictive Trade Practice, Control and Prevention<br />
Ordinance 1970 had clearly envisaged that the provisions prohibiting undue<br />
concentration of wealth will be attracted if an individual holds or controls more<br />
than 50% shares of a company. It also stated that a situation of undue<br />
concentration of wealth would arise if there are dealings between " associated<br />
undertakings" resulting in unfair benefits to the shareholders of one undertaking,<br />
to the prejudice of the other.<br />
The law also established a presumption of unreasonable monopoly power when<br />
competing undertakings with 20% or more of a market are interlocked through<br />
common management or control or through common partners. It prohibited anticompetitive<br />
mergers and acquisitions and financial institutions from making loans<br />
to firm associated with them, on terms and in amount more favorable than those<br />
afforded to an unrelated firm. Many of the above mentioned situations emerged<br />
in respect of acquisition of five cement plants by Mian Mohammad Mansha and<br />
his relatives and business associates and yet Corporate Law Authority failed to<br />
take cognizance of the situation. When the unprecedented price hike of cement<br />
in the wake of privatization forced the government to launch an inquiry into the<br />
phenomenon, MCA concluded that " the MCA is unable to regulate prices of any<br />
goods manufactured by a dominating or single monopolistic firm"<br />
In an interview with <strong>Pakistan</strong> and Gulf Economists in March 10, 1990 issue,<br />
Chairman of Corporate Law Authority Irtaza Hussain had said, " in my view, the<br />
consolidation of group accounts should be introduced shortly" and that Corporate<br />
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