PAKISTAN Law and Practice Contributed by: Nadir Altaf and Muhammad Fahim Khan, RIAA Barker Gillette
2.3 Supply Mix of Electricity As per NEPRA’s State of Industry Report 2024, the total installed generation capacity of CPPAG was 42,512 MW. This supply mix consisted of: • 7,144 MW RLNG (16.80%); • 4,620 MW imported coal (10.87%); • 2,640 MW local coal (6.21%);
• the transaction relates to acquisition of shares or assets valued at PKR 100 million or more; or • in the case of acquisition of shares by an undertaking, if an acquirer acquires voting shares that – together with voting shares (if any) held by the acquirer – entitle the acquirer to more than 10% voting shares. In practice, there is no state entity that proac- tively regulates market concentration limits in the energy sector. 2.5 Surveillance to Detect Anti- Competitive Behaviour Pakistan does not currently have a competitive energy market. 3. Generation Facilities 3.1 Constructing and Operating Generation Facilities The construction and operation of generation facilities is regulated pursuant to: • the NEPRA Act; • the Generation Licensing Rules; • the Generation Performance Standards Rules; • the Tariff Rules; • the EPC Selection Guidelines; • the Selection of O&M Guidelines; • the Pakistan Engineering Council Bye-Laws; • the Electricity Act 1910; and • the relevant provincial environmental acts. NEPRA Laws Pursuant to the NEPRA Act and the Genera- tion Licensing Rules, no person can construct or operate a power project unless they have a licence to do so from NEPRA. Once they hold a
• 3,393 MW Gas (7.98%); • 7,353 MW RFO (17.30%); • 10,635 MW hydroelectric (24%); • 1,838 MW wind (4.32%); • 680 MW solar (1.60%); and • 3,620 MW nuclear (8%).
Additionally, K-Electric has its own installed generation capacity of 3,376 MW, bringing the national total to 45,888 MW. 2.4 Market Concentration Limits NEPRA has a broad mandate to ensure competi- tion in the national market. Additionally, the CCP has the mandate to ensure competition in all markets in Pakistan. In the case of mergers, transactions require pre- merger clearance by the CCP if they exceed the following thresholds: • the value of gross assets of the undertak- ing (excluding value of goodwill) is PKR300 million or more, or the combined value of the undertaking and the undertaking(s) – the shares of which are proposed to be acquired – or of the undertakings being merged is PKR1 billion or more; or • annual turnover of the undertaking in the pre- ceding year is PKR500 million or more, or the combined turnover of the undertaking and the undertaking(s) – the shares of which are pro- posed to be acquired – or of the undertakings being merged is PKR1 billion or more; and
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