4.

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.
5. Establishment of the Bangladesh Competition Commission: This article talks about the
establishment of the Bangladesh Competition Commission. The government will create this
Commission through an official announcement in the Gazette. The Commission will be an
official body with ongoing existence. It can own and manage property, and it can also take legal
actions. The Commission will have a seal for official documents, kept by the Chairperson and
used as decided by the Commission.
6. 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.
7. Composition of the Commission: This article explains how the Bangladesh Competition
Commission is composed. The Commission has a Chairperson and up to 4 Members. The
government appoints these individuals based on specific qualifications. They should have at least
15 years of experience in subjects like economics, market matters, public administration, legal
professions, or similar areas. Only one person with expertise in the same subject can be a
Member. The Chairperson and Members work full-time for the Commission and report to the
government. The Chairperson is the head of the Commission and also its Chief Executive. They
serve a 3-year term, which can be renewed once, but someone over 65 years old can't be
appointed or continue to hold the position. The Chairperson or Members can resign with a 3-
month notice, but they remain in their roles until the government accepts their resignation.
8. Duties, powers and functions of the Commission: This article outlines the duties, powers,
and functions of the Bangladesh Competition Commission. Its responsibilities include ensuring
fair competition, investigating anti-competitive actions, handling offenses under the Act,
evaluating combinations and related matters, creating policies, conducting research, raising
awareness, and more. The Commission can inquire into complaints and has authority similar to a
Civil Court for various matters. It can summon people, request documents, call experts, and
conduct proceedings similar to legal cases. If someone obstructs the Commission's activities, it's
considered an offense under the Act and can lead to imprisonment or fines.
9. Removal of Chairperson and Members: This article explains that the government can
remove the Chairperson or any member from their positions for certain reasons. These reasons
include being declared insolvent by a court, taking on another job for pay, being declared
mentally unfit, being convicted of a morally wrong offense, becoming physically or mentally
incapable of doing their job, or misusing their position in a way that's harmful to the public
interest. Before any action is taken, the person being considered for removal must be given a fair
chance to present their side.
11. Meeting of the Commission: This article discusses how the Bangladesh Competition
Commission conducts its meetings. The Commission decides its own meeting procedure. They
should meet at least once every 4 months, with the Chairperson deciding the meeting details. If
necessary, the Chairperson can call an emergency meeting. The Chairperson leads the meetings;
if they're absent, a Member chosen by the others presides. For a meeting to be valid, the
Chairperson and at least 2 Members need to be present. Each Member has a vote, and in case of
a tie, the presiding person gets an extra vote. The Commission's actions aren't invalid just
because of vacancies or flaws in its composition. Meeting minutes signed by the presiding
person are shared with the government within 20 days.
12. Appointment of Secretary, officers and employees of Commission, etc: This article talks
about the appointment of officials for the Bangladesh Competition Commission. The government
appoints a Secretary for the Commission, and their service terms are decided by the government.
The Commission can hire the necessary officers and employees to effectively carry out their
duties. The rules determine the salary, allowances, and other service conditions for these staff
members. Additionally, the government can assign civil service officers or employees to the
Commission on request.
13. Restriction on certain emploment of Chairperson and other Members after ceassion of
service.The Chairperson and any members shall not, for a period of 1(one) year from the date
on which he ceases to hold office, be employed, or connected with the administration or
management of any enterprise which was or may be a party to a proceeding before the
Commission under this Act.
14. Exchange of opinion between Commission and statutory body: This article explains how
the Bangladesh Competition Commission can exchange opinions with other statutory bodies
(official organizations) when their actions might go against the rules of this Act. If someone
objects to a decision by a statutory body, that body can pause its proceedings and ask the
Commission for its opinion. The Commission then has 60 days to respond, and the statutory
body will follow the Commission's advice. Similarly, during a Commission proceeding, if
someone objects to the Commission's decision, the Commission can pause and ask the relevant
statutory body for its opinion. The statutory body responds within 60 days, and the Commission
acts accordingly. If needed, both the Commission and the statutory body work together to resolve
the matter based on their consensus.
15. Anti-competition agreement: This article talks about agreements that harm competition. No
one can directly or indirectly enter into an agreement that affects competition, creates monopoly,
or limits options in the market. Such practices are not allowed. If someone or a group's practice
or decision results in abnormal prices, limits production, divides markets, or restricts supply, it's
considered harmful to competition. An "anti-competition agreement" includes "tie-in
arrangements," "exclusive supply agreements," "exclusive distribution agreements," "refusal to
deal," and "resale price maintenance." These types of agreements are not allowed if they harm
competition. However, this rule doesn't apply to protecting intellectual property rights under the
intellectual property law.
16. Abuse of dominant position: This article addresses the abuse of a dominant market position
by enterprises. No enterprise can misuse its powerful position. It's considered an abuse if an
enterprise imposes unfair conditions, discriminatory prices, or limits production or market access
to harm consumers. Abusing dominance also involves practices that restrict others' market entry
or add unnecessary obligations to contracts. Additionally, using dominance in one market to
influence another is considered an abuse. In this context, "dominant position" means having a
strong influence in a market that lets the enterprise operate independently from competition or
impact competitors, consumers, or the market in its favor. "Predatory price" refers to selling
goods or services below their production cost to eliminate competition.
17. Pre-inquiry procedure.In order to protect the interest of the consumers and competors in
the market if it appears to the Commission that it is necessary to prevent immediately any
agreement, misuse of dominant position or collusion which causes or is likely to cause an
adverse affect on the relevant market, the Commission may, after giving reasonable opportunity
on being heard to the concerned parties, dispose of or settle the issue with necessary directions
before conducting inquiry under this Act.
18. Inquiry, etc.If the Commission has reason to believe that any enterprise has entered into
any agreement or misused dominant position which is harmful to the relevant market, the
Commission may, suo-moto or on receipt of complaint from any one, inquire into the matter. (2)
The Commission may make regulations regarding the procedures of inquiry under sub-section
(1).
19. Power to issue interim order: This article gives the Bangladesh Competition Commission
the power to issue interim orders while conducting an inquiry. If the Commission finds that
someone is breaking the rules mentioned in sections 15, 16, or 21 of the Act, and if this violation
is ongoing or likely to continue, the Commission can issue a temporary order to stop that
person's actions. The order may have conditions to avoid causing significant harm. The
maximum duration of this order can be until the inquiry is completed or for 60 days from the
date of the order. An appeal can be made within 30 days against this interim order, but unless the
Commission says otherwise, the order stays in effect during the appeal process.
20. Proceeding after inquire: After conducting an inquiry and finding that someone has
engaged in an anti-competition agreement or misused their dominant position, the Bangladesh
Competition Commission can take various measures. These include directing the person
involved to stop those activities and not repeat them, along with imposing a financial penalty of
up to 10% of their average turnover for the last three financial years. In cases of cartels, the
Commission can impose a penalty of up to three times the person's profit for each year of the
cartel's existence or 10% of the average turnover for the last three financial years, whichever is
higher. If the person doesn't pay the penalty, they may also face a fine of up to one lakh taka per
day. Additionally, the Commission can issue orders to preserve competition, even going so far as
dividing a dominant enterprise. The term "turnover" refers to the money received for selling
goods or providing services during a specified time period.
21. Prohibition of combination: Combinations that negatively affect competition in the market
for goods or services are prohibited. However, the Bangladesh Competition Commission can
grant approval for a combination that won't harm competition, based on an application and
inquiry. The Commission can investigate and decide whether the combination is likely to
negatively impact competition. If the combination won't harm competition, the Commission can
approve it. If it's likely to harm competition, the Commission won't approve it. The specific
situations that require Commission approval for combinations are outlined in regulations.
22. Application of laws for inquire regarding acts committed outside of Bangladesh.If an
anti-competition act is committed outside of Bangladesh by any person or enterprise which
causes an adverse affect on the relavant market, the Commossion may inquire into the matter in
accordance with laws, rules, etc. of the both countries.
23. Appearance before the Commossion.Any person may, by himself or by a representative,
produce his statement, allegation or opposition before the Commission.
24. Contravention of orders of Commission, etc.If any person, without reasonable cause,
contravenes any order or direction made or any condition or restriction imposed or any approval
given by the Commission, it shall be deemed to be an offence and for such offence, he shall be
punished with imprisonment for a term not exceeding 1 (one) year or fine not exceeding 1 (one)
lac Taka for each day of non-compliance.
25. Cognizance of offence and trial.(1) No Court shall take Cognizance of an offence under
this Act except on a complaint made by the Commission or any officer authorized by the
Commission.
26. Application of Code of Criminal Procedure.(1) Subject to this Act, rules and regulations
made thereunder, the Code of Criminal Procedure shall be applicable to the inquiry, trial, appeal
and all matters ancillary to an offence mentioned under this Act.
27. Bar to second trial.If any person is convicted or found not guilty of administrative or of
other offence under this Act, he shall not be tried again for the same offence under any other law.
28. Recovery of demand of the Commission.(1) Any demand of the Commission from any
person shall be recovered in accordance with the provisions of the Public Demands Recovery
Act, 1913 (Ben. Act III of 1913).
29. Review of orders of Commission, appeal, etc: If someone disagrees with a decision made
by the Bangladesh Competition Commission, they have 30 days to appeal or request a review.
They can apply to the Commission itself for a review or to the Government for an appeal. For
certain penalties, they need to deposit a percentage of the fine. If there's a valid reason for
missing the 30-day deadline, they can request an extension of 30 more days. The Commission or
Government can't change a decision in favor of the person without hearing their input. Both the
Commission and Government must finalize the review or appeal within 60 days of receiving the
application. The decision made through this process is considered final.
Ami 30. AppealIf someone disagrees with a decision made by the Bangladesh Competition
Commission, they have 30 days to appeal or request a review. They can apply to the Commission
itself for a review or to the Government for an appeal. For certain penalties, they need to deposit
a percentage of the fine. If there's a valid reason for missing the 30-day deadline, they can
request an extension of 30 more days. The Commission or Government can't change a decision
in favor of the person without hearing their input. Both the Commission and Government must
finalize the review or appeal within 60 days of receiving the application. The decision made
through this process is considered final.
30. Appeal: If someone disagrees with a decision made by a Magistrate, they can appeal to a
Court of a Sessions Judge within 60 days of the judgment or order. If a fine was imposed, they
can also appeal by paying 25% of the fine to the Magistrate's Court along with their appeal. The
decision made by the Court of a Sessions Judge is considered final.