A report on Laws which are regulating competition in Bangladesh, it's loopholes and recommendations on probable solutions to overcome those loopholes.

1. Report on
Laws Regulating Competition
(In The Perspective of Bangladesh)

2. Business Ethics
Section: B
Submitted to
Dr. Md. Shariful Alam
Associate Professor
School of Business
United International University
Submitted by
Name Serial No. ID
Shagufta Rahman 17 111 151 022
MD. Taiyeb Ahmed 22 111 151 349
Tasnuva Numaira 23 111 151 497
Mayeesha Mursalin Chowdhury 29 111 153 038
S.M. Mehedi Hasan 19 111 151 192
Asiful Alam 20 111 151 259
Date of Submission: 9th May 2018

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Letter of Transmittal
May 9, 2018
Dr. Md. Shariful Alam
Associate Professor
School of Business
United International University
Subject: Submission of Report on, “Laws Regulating Competition (In the Perspective of
Bangladesh)”.
Sir,
With due respect and humble submission, we are the students of BBA department submitting our
Report on “Laws Regulating Competition (In the Perspective of Bangladesh)”. It gives us
immense pleasure to inform you that we have completed our report under your kind
hearted supervision.
In preparing this term Report, we tried our level best and worked with most sincerity and make it
as well structured as possible. We hope that this will help us to know more about the regulation
of competition, different laws and loopholes of it.
Thank you.
Sincerely yours,
………………………………..
Tasnuva Numaira
ID: 111 151 497
On behalf of Group-1

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Executive Summary
Our report is about Laws Regulating Competition in Bangladesh. Here we have tried to get an
overall concept of laws regulating competition of Bangladesh. We know that competition is
essential especially to maintain market competition by regulating anti-competition conducted by
companies. It also ensures consumers’ benefit, lower prices and best service. So, in this report
we have tried to come up with a clear explanation about the current scenario of competition, the
situations for which the need for regulation arisen, a brief discussion about the current regulating
competition law of Bangladesh. On the basis of the scenario and the law, we have found some
loopholes in the law currently regulating in Bangladesh and tried to come up with some
recommendations of how those laws can be changed for the betterment of the future competition
among the industries of Bangladesh

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Table of Content
Serial No. Contents Page No.
1.0 Introduction 1
2.0 Situations for Which Need for Laws Arisen 2-3
3.0 About Regulating Competition Law “2012” 4-12
4.0 Loopholes of Laws Regulating Competition 13-14
5.0 Recommendations 15-16
6.0 Conclusion 16

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1.0 Introduction
The report objectifies the role of law regarding competition among businesses for customers and
profits. Competition on its name is considered as something to be unacceptable, something to be
discouraged. But in business, this is not always the case. In business competition is sometimes
needed among businesses for an efficient and stable market economy, to better the overall
economy of the country. But the competition should be in control. Competition should be
controlled by the regulatory body. Here in our study we can find that the government is playing
the role to regulate competition in our country.
Need for regulating competition in Bangladesh never arisen before some events occurred. The
events greatly hampered our economic efficiency, consumer rights and benefits finally being
taken into observation to protect consumers and businesses and government of Bangladesh made
a draft of laws to regulated competition between businesses.
In the year of 2012, competition law finally being published including all the rules and
regulations that was needed to better the economy of our country. The report includes in-depth
discussion about the rules.
In general, competition law of 2012 helped to make better the disturbed economic events. But
there are still some confusions and loopholes left. The report result includes recommendations
that may help to better the regulations and eventually to better the economic situation of the
country.

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2.0 Situations for Which Need for Laws Arisen
In Bangladesh, the need for competition law raised when the situations mentioned under here
have been seen. Here we have focused into basic situations among the economy, industries and
law and government regulations of the country which directly or indirectly hampered
competition where it was needed or encouraged competition where it was not needed to
safeguard the interest of the consumers, the society and hence to safeguard the economy as a
whole.
1. Inefficient State-Owned Industries
In several industries large state owned enterprises had showed anti-competitive behavior. Almost
everyone made huge losses and bound government to help them to overcome these situations,
creating pressure on them. Any focused condition requires the arrangement of simple exit. When
this is blocked, the industries involved in competitions get severely affected. Interests groups
like, unionized labor groups offend do this. Textile, sugar and jute are some of these industries in
Bangladesh.
2. Existence of Large Inefficient NCBs
NCBs, our Nationalized Commercial Banks, often incur bad loans and loan default. Their NPA
is also very high. That’s why the spread between lending and deposit rate is high. The estimating
arrangements took after by the NCBs are driven by their impulse to recover past misfortunes.
When private banks are permitted to operate, it’s been thought that they would demand low
interest on lending because they did not want to incur bad loans. But it was seen that they price
loans similar as the NCBs, though NCBs act as the price leaders. An anti-competitive behavior
like this is the responsible for the factor that NCBs are bigger as well as more inefficient than
private banks. That’s how, only by giving efficient services, the private banks are winning over
their customers. But this service alone strategy also have limits. Private Banks hold a limited
share of the market. Also they have a restricted access to government’s development fund. Also
only NCBs participate in activities on projects like agricultural and rural development. This also
decreases the competition between the private sector and the public sector.
That’s how we can conclude that, as bigger and inefficient NCBs are still operating, private
banks cannot bring any environment for effective competition in the banking sector of
Bangladesh.
3. Natural Monopolies
Government plays an important role by taking control of this sector. But here in Bangladesh
modernization of public utility services like railways, telephone and others have generated anti-
competitive structure that hampers private investments in these industries.

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Also in the sector of telecommunication services competition has been restricted to few private
organizations and that’s why Bangladesh Telegraph and Telephone Board (BTTB) is continuing
to function inefficiently. Though public-private collaboration in this service sectors can improve
the standard of services, this may result into increased competition between them as private
organizations can offer consumers improved products and services at low cost.
4. Inefficient Regulatory Framework
A couple of regulatory framework in Bangladesh hampers the promotion of mechanism for an
effective and efficient market.
Transparency and fairness is necessary in competition laws and these laws should be
implemented as quickly as possible. That’s why an independent, efficient and effective judicial
system is necessary for favorable business environment for competition. Inefficient legal and
regulatory frameworks reduce the chances for justice. These discourage businesses for
competition by raising transaction costs. There are supposed to be half a million cases pending in
the courts. This slow and inefficient judicial system increases the costs for legal actions. If the
judicial system fails to guarantee property rights and do not enforce contracts quickly, the
environment for competition is seriously distorted threatening the interest of the consumers.
In the increasing participation of private sectors in telecommunication, air transport and power
generation, it has been said that all this is done in a non-transparent, unpredictable regulatory
environment. This results into increased transaction costs. Thus efficient businesses do not feel
encouraged to participate in competition in these industries. Therefore consumers cannot
experience a gain. Also, this non-transparent regulatory environment is vulnerable to change
with changes in the country’s political regime.
5. Over-Saturated industries
Despite of the fact that, government is lessening regulations and restrictions in economy,
removing or reducing state regulations, in exchange for greater participation by private entities,
government does not allow further entry in certain industries. This are known as regulated,
reserved or over-saturated.
In a freely competitive market, government should not tell the businesses whether any particular
industry is over-saturated or not. The government can disclose the information by only providing
the number of businesses operating on that particular industry and the amount of total capital that
is invested. But government should not directly restrict entries into those industries. Edible oil,
fluted iron sheets, electric fans etc. this are some of the sectors that are oversaturated. This is
against the concept of a competitive environment. The potential entrants maybe proved to be
more productive and technologically advanced than the businesses that are already operating.
This restrictive mechanism will compromise the overall economic efficiency of the country. As a
result consumers will no more benefit from reduced price, better quality or both things. Besides,
in the long run, most of the businesses that are already operating in the over-saturated industries
prove to be inefficient, which eventually crumbles the economy of the country and puts
consumer welfare in a great loss.

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3.0 About Regulating Competition Law “2012”
At March 8, 2017, A Gazette was published stating all the regulation rules regarding completion
which can be called “The Competition Act, 2012”.
The act is divided into 7 chapters. Each chapter discussed about the legal and illegal matters
regarding companies and competition regulations. Below, a brief discussion about “The
Competition Act, 2012” is given which will give a general scenario of the concerned act
currently executing in Bangladesh.
CHAPTER I
PRELIMINARY
1. Definitions
Few definitions are given in this act. Regarding “Practice”, it said, “any existing practice relating
to any trade carried on by a person or an enterprise”.
“Cartel” means any person or association of persons who, by explicit or implicit agreement, limit
or control or attempt to limit or control over the production, distribution, sale, price or
transaction of goods and services in order to establish monopoly in trade.”
2. Application
This Act shall apply to all enterprises involved in purchase-sale, production, supply, distribution
or storage, as the case may be, of goods or services for commercial purposes.
3. Exemption from This Act
The goods or services which are controlled by the Government for the interest of the national
security and not open for private sector shall be exempted from this Act.

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CHAPTER II
ESTABLISHMENT OF THE BANGLADESH COMPETITION
COMMISSION
1. Establishment of the Bangladesh Competition Commission
After publishing the Official Gazette, The Government shall establish a Commission to be called
the Bangladesh Competition Commission for carrying out the purpose of this Act.
The Commission will have a common seal and it must be in the custody of the chairperson and
will be used in cases determined by the commission.
2. Office of the Commission
The Head office of the Commission shall be in Dhaka and the Commission may, if necessary,
with prior approval of the Government, establish its branch offices at any place in Bangladesh.
3. Composition of the Commission
The commission will consist of a Chairperson and not more than 4 members. The Chairperson or
any other members cannot resign by at least 3 years months without notice. If the Chairperson or
any other members dies or resigns or is removed, the Government shall appoint an eligible
person to fill the vacancy within 60 days.
4. Duties, Powers and Functions of the Commission
The duties, powers and functions of the Commission are as follows:
 To eliminate practices having opposite effect on competition in the market, to promote
and to sustain competition and to ensure freedom of trade.
 To inquire into, either on receipt of any complaint or on its own initiative. All anti-
competition agreements, dominant position and practice of the enterprises.
 If any person interferes the Chairperson or any person duly authorized by the
Commission in exercising the powers under sub-section (3), or intentionally refuses to
comply with the order made under the said sub-section, it shall be a punishable offence
under this Act and, he shall be punished with imprisonment for a term not exceeding 03
(three) years, or with fine, or with both.

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5. Removal of Chairperson and Members
The Government may remove the Chairperson or any member from his office on any or more of
the following grounds if he
(a) is declared by a competent court to be an insolvent;
(b) is engaged in any post extraneous to his own duties in consideration of remuneration;
(c) is declared by a competent court to be an unsound mind;
(d) is convicted of an offence involving moral turpitude;
(e) becomes physically or mentally incapable of discharging his duties; or
(f) abuses his position as to render his continuance in office in the opinion of the
Government is prejudicial to the public interest.
6. Status, Salary and Privileges of Chairperson and Members
The Chairperson and the Members shall be entitled to such status, salary, allowances and other
privileges ancillary thereto as may be determined by the Government.
CHAPTER III
PROHIBITION OF ANTI-COMPETITION AGREEMENT, ABUSE OF
DOMINANT POSITION, ETC.
1. Anti-Competition Agreement
 No person shall, directly or indirectly, sign into any agreement, in respect of
production, supply, distribution, storage or acquisition of any goods or services which
causes or is likely to cause an adverse affect on competition or creates monopoly or
oligopoly in the market.
 The practice or decision of any person or association of persons engaged in any
agreement, any trade of identical or similar goods or in any provision of services shall
be deemed to have adverse affect on competition in the market of goods or services.
2. Abuse of Dominant Position
 No enterprise shall abuse its dominant position.
 It shall be deemed to be an abuse of dominant position, if an enterprise
(a) imposes directly or indirectly unfair or discriminatory condition in purchase or sale of
goods or services or discriminatory price or predatory price in purchase or sale of goods
or services;

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(b) limits or restricts production of goods or provision of services or market thereof or
technical or scientific development relating to goods or services to the prejudice of
consumers;
(c) Indulges in practice or continue to do practices which prevent others to access in the
market.
CHAPTER IV
COMPLIANT, INQUIRY, ORDER ETC
1. Pre- Inquiry Procedure
Keeping in mind the end goal to ensure the enthusiasm of the shoppers and competors in the
market in the event that it appears to the Commission that it is important to avert quickly any
understanding, abuse of predominant position or arrangement which causes or is probably going
to cause an unfavorable effect on the applicable market, the Commission may, in the wake of
giving sensible open door on being heard to the concerned gatherings, discard or settle the issue
with fundamental headings previously leading request under this Act.
2. Inquiry, etc
In the event that the Commission has motivation to trust that any endeavor has gone into any
assertion or abused overwhelming position which is hurtful to the significant market, the
Commission may, suo-moto or on receipt of objection from any one, ask into the issue.
3. Power to issue interim order
On the off chance that the Commission, while directing a request, is fulfilled that any individual
damages the arrangement of area 15 or segment 16 or segment 21 which is an offense under this
Act, and, that such offense exists to proceed or is probably going to proceed with, the
Commission may, by thinking about the significance of the exercises and giving the gatherings
sensible chance of being heard, by issuing an interval arrange, restrain such individual from
carrying on such act, subject to such conditions as may not to make hopeless misfortune any at
least one of the gatherings, including their day by day works, until the point that the finish of
such request or further requests.
The time-furthest reaches of between time arrange might not be expanded more than the
accompanying time.
(a) Till the finish of hearing the affirmation of infringement; or
(b) Not more than 60 (sixty) days from the date of request:
Provided that, as per the feeling of the Commission, such time might be stretched out for
encourage 60 (sixty) days.

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4. Prohibition of combination
i. The blend which causes or is probably going to cause an unfavourable effect on rivalry in
the market of merchandise or administrations should be precluded:
Given that the Commission may, on an application in the wake of directing an request, endorse
any blend which should not cause or is probably going to cause unfavorable effect on the
opposition, and the cause of blend for which endorsement of the Commission is require might be
recommended by directions.
ii. For the reasons for sub-area (1), on account of a blend indicated in that sub-area, the
Commission may ask into or explore the issue on such application and in such system as
might be endorsed by regulations and if the Commission is fulfilled in the wake of
directing such ask or examination, that any combination-
(a) should not cause or is probably going to cause an antagonistic effect on rivalry,
the Commission may affirm such blend by a request; or
(b) should cause or is probably going to cause an unfavourable effect on rivalry, the
Commission should not affirm such mix.
5. Appearance before the Commission
Any person may, by himself or by a representative, produce his declaration, assertion or hostility
before the Commission.

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CHAPTER V
REVIEW, PENALTY, APPEAL, ETC.
1. Contradiction of Requests of Commission, and so Forth
In the event that any individual, without sensible reason, contradicts any request or course made
or any condition or confinement forced or any endorsement given by the Commission, it might
be considered to be an offense and for such offense, he should be rebuffed with detainment for a
term not surpassing 1 (one) year or fine not surpassing 1 (one) lac Taka for every day of
rebelliousness.
2. Cognizance of Offence and Trial
No Court should take Cognizance of an offense under this Act with the exception of on a
grievance made by the Commission or any officer approved by the Commission.
3. Application of Code of Criminal Procedure
Subject to this Act, guidelines and directions made thereunder, the Code of Criminal Procedure
might be pertinent to the request, trial, bid and all issues subordinate to an offense said under this
Act.
4. Bar to Second Trial
In the event that any individual is sentenced or found not liable of regulatory or of other offense
under this Act, he should not be attempted again for a similar offense under some other law.
5. Recuperation of interest of the Commission
Any request of the Commission from any individual should be recouped as per the arrangements
of the Public Demands Recovery Act, 1913.
6. Appeal
(i) If any gathering is bothered by a judgment or request passed by any Magistrate, he
may incline toward an interest to the Court of a Sessions Judge including
neighbourhood locale inside 60 (sixty) days from the date of the judgment or on the
other hand arrange:
Given that if any fine is forced by a judgment or request of the Officer, and the individual
wronged by such judgment or request may, on installment of 25% of the fine determined in that
judgment or request to the concerned Court of Magistrate, lean toward an interest to the Court of
a Sessions Judge with the receipt of such installment.
(ii) The request go by the Court of a Sessions Judge might be regarded to be last.

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CHAPTER VI
FINANCIAL MATTER OF THE COMMISSION
1. Competition Fund
The Competition Fund is needed for commission for carrying out the purposes of this Act.
The accompanying cash might be credited to the Fund, in particular:
(a) Yearly allows made by the Government;
(b) Expenses, charges, and so on saved under this Act;
(c) Premiums of the cash kept in the bank;
(d) Some other source not precluded under the current standards and controls.
2. Independence of the Commission in Respect of Expense of Money
The Government will distribute a specific amount for expense to the Commission for each
financial year; and it shall not be necessary to expense such allocated money in specified heads
.
3. Annual Statement of Budget
The Commission should, by such date in every year as might be determined by the Government,
submit to the Government for endorsement a financial plan for the following money related year
demonstrating the totals which are likely to be required from the Government for the money
related year and the Government shall endorse the financial plan based on the said explanation of
the financial plan previously the beginning of that money related year.
4. Audits and Accounts
The Commission should maintain its accounts properly and prepare an annual statement thereof.

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CHAPTER VII
MISCELLANEOUS
1. Offences committed by companies, etc.
Any company’s owners, directors, Managers, secretaries or any officers or agents can be
considered as criminal if they are involved with any offence under this act.
2. Restriction on Disclosure of Information
No employees or officers can disclose any information related any enterprise on behalf of the
commission without the prior written permission.
If anyone discloses any information, they will definitely take under legal action.
3. Power of Government to Issue Directions
Without bias to the arrangements of this Act, the Commission might, in exercise of its forces or
execution of its capacities under this Act, be bound by the bearings of the Government on
inquiries of approach identifying with usage, other than specialized and authoritative issues, of
the Act: Provided that the Commission should, the extent that practicable, be given a chance to
express its conclusion before any heading is given under this sub area
4. Delegation of Powers
The Member of the Commission should release their obligations under the direction and control
of the Chairperson and the Individuals should be responsible to the Chairperson for releasing
their obligations.
The Commission may, subject to such conditions as might be determined by it, appoint any of its
energy to any of its officer.
5. Annual Statement
The commission will submit a report on the conduct of affairs within 90 days to the chairperson
for every financial year.
6. Public Servant
Employees, chairpersons or other members will consider as public servant within the meaning of
section 21 of the penal code.

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7. Protection of Actions Taken in Good Faith
No suit or arraignment or other lawful procedures should lie against the Commission, or any
Member or officer or representative thereof or against any distribution, report or action made
under the Authority of the Government or the Commission for anything which is, in compliance
with common decency, done under this demonstration or standards or directions made there
under which may cause or is probably going to make any harm any individual.
8. Power to Make Rules
The government may take help of official Gazette to male rules for carrying out the purpose of
this act.
9. Power to Make Regulations
The Commission may, with earlier endorsement of the Government and by notice in the official
Gazette, make directions not conflicting with this Act and discounts for conveying the reasons of
this Act.

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4.0 Loopholes of Laws Regulating Competition
Competition law is one of the most awaited laws in Bangladesh. Though the competition law has
already been passed and although it creates a mechanism to ensure its implementation, but there
are certain issues that comes into our concern as there are few loopholes or we can say lack in
the laws. Few of those are given below.
 Lack of Clarity
The law is not clear about when an agreement becomes anti-competitive or it blocks the path of
completion of other companies. Sometimes figuring that out is really difficult Also when it
becomes abusive and misuses the power of a dominant position. This is a big loophole of
competition laws.
 Time Lag in Establishing the Commission
About establishing a commission it is as necessary as the laws, because if there is no commission
no laws will work. And from our previous experiences we can see that it takes a lot of time to set
up or establish a new commission. This time consuming process is harmful and not effective for
laws.
 Lack of Market Knowledge
In Bangladesh we have a little opportunity to learn about market behavior/market practice.
Because lack of information. In other countries we can see research or published materials for
market practice/behavior but we have not that much information about this. That’s why there
always exiting a threat for both consumers and competitors.
 Confidence
The Commission will need to overcome the common perception of regulatory authorities as
slow, inefficient, and subject to influence. People are not going to complaint if the standard of
commission is not clear to them. It’s impossible to complain if people are not convinced of the
standards of commission. One of a best businessman in our country Syed Manzur Elahi said
“business people are aware of tax and ready to pay but they are not interested to pay when they
think about the confidence of the commission.”
 Misuse of the Act
Past record indicate us that regulatory bodies of commission can be influenced by not only
political behavior but also economic factors. There always a fear or threat that the act might be
abusive. Just for political influences we can see many misuses of act and law in our country. So
definitely this is a very alarming loophole of competition laws.

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 Overlapping Functions and Conflict of Interests
In commission there occur some complications of overlapping and conflict of interest. And also
because of multiple regulatory authorities are responsible for this. It creates uncertainty between
countries and those authorities. Because of there is no clear concept of commissions region and
authorities who regulates over country. Again they both may have same interest in some fields
which can create conflicts.
 Conflict with Competition
Competition law and policy has an extensive interface with other government policies. In this
area as international trade, investment, regional development these are often in conflict with the
objectives of competition.
 Anonymous Forces of Supply and Demand Determine Prices
In our country most of company has the power to control prices. They have the monopolistic
power to raise prices by reducing supply without losing the market share to a competitor. Thus, it
hampers the consumers for the monopolistic act. This is one of the big loopholes of competition
laws.

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5.0 Recommendation
The following initial moves may be considered:
 There are many steps which can be taken like open conversations in national scale
between consumer and government about how to make laws effective. When there will
be enough criticism and argument about laws then there will be some effective solutions.
 To establish competition laws properly people need to know about those laws consumers
behaviour, organization behaviour and what is rightful or what is wrong. Its only possible
when proper research or published materials is available. Until then people won’t
understand and laws will not effective.
 Existing laws and rules should be in practice otherwise there will laws but no example of
proper case. Study how to make the provisions of the existing laws & rules really
effective in order to ensure fair price and quality and to prevent injury to consumer’s
interests.
 There should be coordination among various kinds of agencies. It can help to remove
conflicts.
 Every respective regulatory authority has to be truly independent and impartial. Special
studies need to do reserve different utilities consumers.
 The Ministry of Commerce, Government of Bangladesh have to monitor the overall laws
and control the regulatory policies in true sense. And a competition Bill to prevent
restrictive trade practices and to promote fair competition with provisions for institutional
arrangements for ensuring fair trade, preventing cartels and regulating monopolies.
 For better experience need a better vision that means our government should concern
about other countries competition laws and there acts. This knowledge will help to make
some better laws with fewer bugs.
 We should conduct researches and representative opinion surveys to find out the
loopholes and inadequacies of our existing laws that will prevent safeguarding the rights
of the consumers produces for obtaining value for money.
 And if there is no such regime exists then the researchers should focus on what should be
needed to establish such a regime.
 Researchers can also conduct special studies how to protect the interests of the consumers
of their different utilities.
 We should make the respective regulatory that is truly independent and impartial.

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 Anti-trust regulatory should be needed to control the monopolistic behaviour of the
organization for the betterment of consumers.
 We should develop a legal framework against acquiring and abusing dominant positions.
6.0 Conclusion
In any country and for any socio-economical establishment, competition law is a must. It is for
Bangladesh also. But for this country’s perspective, creating this law is complicated as like other
laws. This is an issue of concern but where difficulties come it comes with solution also. Many
situations have occurred when we need competition laws like- inefficient state owned industries,
existence of large inefficient NRBs, natural monopoly, inefficient regulatory framework, over-
saturated industries etc. these are the sectors where we need to focus. In 2012, Bangladesh got its
most awaited competition law which has 7 chapters that includes all the legal and illegal matters
of competition act. But for any laws to apply it needs a commission. Establishing a commission
is as necessary as law. It has to be independent, secure and well managed. For this government
have to do things what needs to do like office for commission, power and commission
composition but also government will have the access to sue anyone or dismiss anyone it could
be chairperson or any member. Also government should be updated about everything if there is
any abuse or miscellaneous. Last but not the least the loopholes of laws. Like any other laws
competition law has its own dysfunctions but we have to overcome it. Overall competition law in
Bangladesh is our cherished dream, we hope that with all the other problems and bugs very soon,
we will be able to overcome it and our government will be helpful about it.

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7.0 Reference
Ferrell, O. C., & Fraedrich, J. (2015). Business ethics: Ethical decision making & cases. Nelson
Education.
“Strong commission needed to implement competition law”. Star Business Report. The Daily
Star. July 3, 2012. Accessed at: http://www.thedailystar.net/newDesign/news-
details.php?nid=240661
http://www.dpp.gov.bd/upload_file/gazettes/20533_10683.pdf
http://ces.ulab.edu.bd/wp-content/uploads/sites/18/2015/07/Formalin_Oct12.pdf
http://cuts-international.org/res04.doc