Bangladesh Intellectual Property Forum, a non-profit organization that works as a catalyst for promoting intellectual property rights, technology and competition law and their developments in Bangladesh, has demanded that the Bangladesh Competition Commission (BCC) be reconstituted and reformed with immediate effect.
The call was made through a letter addressed to the Adviser to the Interim Government, Ministry of Commerce, highlighting the current composition of the Bangladesh Competition Commission as violating Section 7(3) of the Competition Act, 2012.
The commission is a statutory body tasked with promoting competition in the markets.
The commission’s role is to prevent anti-competitive practices, which include cartels and abuse of dominant positions, to ensure a fair and competitive environment for businesses that is expected to benefit consumers with better choices of goods at a competitive and affordable price.
Bangladesh Intellectual Property Forum's concerns centre around the technical and specialized nature of competition law, which requires a deep understanding of economics, trade, business, market, and legal jurisprudence.
The current composition of the Bangladesh Competition Commission, as outlined in the letter, consists entirely of members from the Administrative Cadre, none of whom possess the requisite expertise in economics or legal affairs as required by Section 7 (3) of the Competition Act, 2012.
The letter warns that any decisions taken by the current commission are illegal and void because they lack the requisite quorum, as mandated by law.
Barrister Hamidul Mishbah, Founder of Bangladesh Intellectual Property Forum stated that "appropriately knowledgeable and experienced persons in the aforesaid fields are required to adjudicate competition law cases in order to ensure fairness and justice, otherwise, the very purpose of establishing the commission which includes keeping the price of basic commodities within citizens affordability, and ensuring investment friendly environment in Bangladesh would be jeopardized."
Considering these issues, Bangladesh Intellectual Property Forum has urged the government to take immediate steps to reform Bangladesh Competition Commission in accordance with the provisions of the Competition Act, 2012.
Bangladesh Intellectual Property Forum remains hopeful that the government will address these concerns accordingly and looks forward to a positive response in due course.