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Regulating business

Mba-lreb-sp21
regulation
• Procedures
• Set of rules and standards of a particular industry or function
• Eg-banking industry the regulation is made by SBP and also enforced
by it
• Authority to make regulation is delegated by the legislature-eg state
bank act 1957
• Autonomous?
• Exceeding powers-Art 199 of constitution
regulator
• Board/commission/agency
• Powers-
• Quasi legislative-power to make rules
• Quasi judicial-power to enforce those rule
Quasi Legislative Power
• Through a board-
• Limited to its purpose
• Specific
• Can this function be challenged?
• Only if exercise of power is not limited or specific

Quasi judicial power
• Enforce the rules
• Follow “due process”
• investigation
• Inform and charge
• Opportunity to defend
• inquiry
• Inform
• Penalty
• Order of regulator can be challenged if due process not followed
• Primary jurisdiction
• Exhaustion of remedies
Case discussion
• Brown V. FDA
• Nicotine was considered a drug and FDA imposed restriction on advertising or
promotion to minors
• Can FDA do this?
• FDA acted outside its powers
• What if the nicotine content of the cigarette was limited by FDA?
• What if caffeine content in red bull is regulated?
• What if FDA said not to use tagline “red bull gives you wings”? False advertising-FDA
can not regulate
• False advertising is CCPs domain.

Combed cotton yarn case
• Quota-restriction on quantity trade by USA was for 3 years
• USA impose quota on combed cotton yarn from Pakistan
• To protect the domestic industry.
• Dispute resolution through DSU started by Pakistan against USA for
violation GATT and other Agreements. It took 2years and 9months
• Pakistan won the case
• Three different forums-WTO
• Negotiation-60 days
• TMB review-similar to mediation
• Dispute settlement body-ruling-arbitration
Did Pakistan really win?
Exam questions-open universe and limited
time take home exam-relative grading
• Regulation
• Constitutional right
• Remedies-Art 199 and I84
• Ethics
• International law
• Case
• Hypothetical
• ADR
• IPRs

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