Could you give us a brief idea about competition law in Bangladesh?
In the context of gradual economic development of the country, the Competition Act 2012 has been enacted. Its prime and foremost aims are to promote, ensure and sustain congenial atmosphere for competition in trade, prevent control and eradicate collusion, monopoly and oligopoly, or abuse of dominant position or activities adverse to the Competition. Moreover, controlling merger & acquisition is also under the purview of this law.
What are the core responsibilities of Bangladesh Competition Commission (BCC)?
The core responsibilities of the Bangladesh Competition Commission are enumerated in section 15, 16, 21 and 22 of the Competition Act, 2012.
According to section 15, the commission is mandated to prevent, or eradicate all kinds of anti-competitive agreements by any natural or legal persons (companies or business entities) in the field of business.
According to section 16, it is mandated to prevent any kind of abuse of dominant position of a firm in the market.
Section 21 provides to regulate combination of enterprises through mergers and acquisitions.
If an anti-competitive act is committed outside Bangladesh by a person or enterprise which causes or may cause an adverse effect in the market of Bangladesh, the commission may inquire into the matter in accordance with laws, rules or regulations.
It has not been very long since the BCC was established. How has been your experience so far?
Although this law was enacted in 2012, it came into operation 2016 through appointing a chairperson and two members of the commission. In that sense, Of course, it is a new organization. People are not very aware about it.
What are you doing to create awareness of competition law?
Ensuring compliance with the Competition Act 2012 is the commission’s mandate. In the field of competition law, advocacy or non-enforceable comprises 70% and enforceable is 30%. For this reason, to build awareness on competition law, some seminars, workshops, research works, and TVCs are being done. We are also advertising in widely-circulated newspapers, and on YouTube and Facebook.
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How has the impact of competition law been in the market so far?
Since it is at initial stage, it has not had any significant impact on the market.
Are there any specific legal framework/policies to safeguard start-up companies from unfair competition?
Yes, and they are not only to safeguard start-up companies, but apply to all other companies as well.
Is there any instance where action has been taken against any person/organization?
Two cases have been disposed by the commission for anti-competitive activity. Some cases are under investigation.
How many people are currently there in the commission?
Currently, it has one chairperson, one member, and 10 officers.
What are the challenges that you face in implementing the law?
Economic, financial and legal analysis are essential to implement the law. Efficient manpower is not available to assist the commission. Since the law is not familiar in Bangladesh, there is a knowledge gap.
Lack of experiences and skilled or expert manpower to analyze anti-competitive behaviour and implement the law are the main challenges.
What strategies have you adopted to combat these challenges?
Recruitment, training for the officials and international cooperation to fulfil knowledge gap.
What are your future plans to maintain healthy competition in the market?
The commission shall attempt to implement the Competition Act 2012 to follow the best practices of the world in this arena, in the market
of goods and services which will grow a healthy atmosphere and accelerate economic progress in Bangladesh.