Bangladesh University of Professionals

Assignment
Synopsis of Competition Act, 2012
Course Name: Business & Competition Law
Course Code: Law-3504
Submitted To
Dr. Shima Zaman
Adjunct Faculty
Department of Law
Faculty of Security & Strategic Studies (FSSS)
Bangladesh University of Professionals (BUP)
Submitted By

Md. Sabbir Hossain Masum

Id No. 18421062
5th Semester
Department of Law
FSSS, BUP

S u b m i tt e d O n : 1 3 t h M a y , 2 0 2 0

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 A Synopsis on the Competition Act, 2012

Bangladesh Competition Commission

Bangladesh Competition Commission has been established to carry out the purposes of the
Competition Act, 2012.

Establishment of Bangladesh Competition Commission

The Government has established a Commission to be called the Bangladesh Competition

Commission for carrying out the purposes of the Competition Act, 2012.

The Commission will be the statutory body having perpetual succession and subject to the
provisions of the Competition Act, 2012. It has the power to acquire, hold and dispose of
property, both movable and immovable using the commission name and it also can sue or be
sued by the same name.

The Head Office of the Commission is situated in Dhaka. It has many branch offices in different
places across the country.

Composition of the Commission

The composition of the commission has been mentioned in Section 7 of the Competition Act,
2012. The Commission will consist a Chairperson and four other Members also. The
Chairperson and Members will be appointed by the Government. Their service’s terms and
conditions will be prescribed by the rules.

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Qualification required to become the Chairperson or the Member of the
Commission

One having practical experience of 15 years (minimum) in economics, matters relating to market
or public administration or similar subjects or legal profession or legal affairs activities in
different public or private institutions or in any other subjects will be deemed eligible to be
appointed as the Chairperson or the Members of the Commission.

More than one person experienced in same subject will not be eligible to be appointed as
Member.

The Chairperson and Members will be the full-time Members of the Commission and the
Commission will be accountable to the Government for discharging its duties.

The Chairperson will become the Chief Executive Officer of the Commission.

The Chairperson and the Members will hold their respective offices for a term of 3 years from
the date they were appointed to their offices. They will be eligible for re-appointment of another
term.

A person who has attained the age of 65 years will not be eligible to be appointed or hold office
as Chairperson or Member.

Removal of Chairperson and Members

The Government can remove the Chairperson or any member from his office on any or more of
the following grounds-

 Insolvent
 Engaged in any post inappropriate to his own duties in consideration of remuneration
 Unsound mind
 Convicted of an offence involving moral turpitude
 Physically or mentally incapable of discharging his duties

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  Abuses his position as to render his continuance in office in the opinion of the
Government is prejudicial to the public interest.

Duties, powers and functions of the Commission

a) Eliminating practices which has adverse effect on competition in the market, promoting
and sustaining competition and ensuring freedom of trade;
b) Inquiring on receipt of any complaint or on its own initiative. All anti-competition
agreements, dominant position and practice of the enterprises;
c) Without prejudice to section 18, inquiring into other offences specified under this Act and
suing and conducting them accordingly;
d) Determining the combination and matters relating to combination, inquiring into for
combination and conditions of combination and approval or disapproval of combination;
e) Making rules, policy, instructions of notifications or administrative directions relating to
competition and giving advice and assisting the Government for implementation;
f) Setting up appropriate standards for the promotion of competitive activities and providing
training for the matters relating to competition;
g) Taking necessary plan of actions for developing awareness among the people about the
matters relating to competition by way of dissemination, publication and any other
means;
h) Developing mass awareness by way of conducting research, seminar, symposium,
workshop and other similar means about the anti-competition agreement and activities
and publishing and disseminating the result of such research and giving recommendations
to the Government for their effective implementation;
i) Implementing, following or considering any matter relating to competition sent by the
Government;
j) Reviewing the actions taken under any other law for the consumer rights protection and
implementation;
k) In order to discharge the duties under this section or for efficient performance of its
functioning, signing and executing any agreement or Memorandum of Understanding
(MOU) with any foreign organization, with prior approval of the Government;
l) Fixing fees, charges or any other expenses for carrying out the purposes of this Act;

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 m) Doing any other act prescribed by rules for carrying out the purposes of this Act;
n) In performing its duties, the Commission can either on its own motion or on any
allegation, inquire into any complaint made under this Act.

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