Bangladesh University of

Professionals

Assignment
5th Semester-2020

Business and Competition law (LAW-3504)

Submitted to:

Dr. Shima Zaman

Adjunct Faculty
Department of Law

Bangladesh University of Professionals

Submitted by:

Name: Kaushik Ahmed Bhuiyan

Roll no: 18421091
Batch- 03
Section- A

Submission date: May 13,2020

Synopsis on Bangladesh competition act
competition law may be a law that advances or looks for to preserve showcase competition by
controlling anti-competitive conduct by companies. Competition law is executed through public
and private authorization. Competition law is known as antitrust law within the Joined together
States for chronicled reasons, and as "anti-monopoly law" in China and Russia. In past years it
has been known as trade practices law within the Joined together Kingdom and Australia.
Within the European Union, it is alluded to as both antitrust and competition law.

Bangladesh competition Act:
In 2012, the Competition Act was ordered in Bangladesh. The Act is made to advance,
guarantee and maintain a friendly air for the competition in exchange, and to anticipate,
control and kill conspiracy, restraining infrastructure and oligopoly, combination or mishandle
of prevailing position or exercises unfavorable to the competition. There are 46 sections within
the Act.
Establishment of Bangladesh competition Act:
The Government should, by notice within the official Gazette build up a Commission to be
called the Bangladesh Competition Commission for carrying out the purposes of this Act. The
Commission might be a statutory body having ceaseless progression and subject to the
arrangements of this Act, with control, to obtain, hold and arrange of property, both mobile
and undaunted, and might by the said title sue and be sued. Office of the Commission the Head
office of the Commission might be in Dhaka and The Commission may, in the event that
fundamental, with earlier endorsement of the Government, set up its department workplaces
at any put in Bangladesh.

Members of the competition commission:

The commission might comprise of a chairperson and not more than four individuals. They are
subject to the fulfillment of the capabilities indicated within the act and be designated by the
government.
Commission members qualifications :

1. The person who has the knowledge in economics, market,public administration and
legal affairs.
2. The person who has profession om experience of not less then 15 years.
3. The person who has not attained the age of 65 years .

The Chairperson or any other members cannot resign by at least 3 years months without
notice.

Appointment of Secretary, officers and employees of Commission, etc.

(1)There shall be a Secretary to the Commission, who should be named by the Government and
the terms and conditions of his benefit should be decided by the Government. (2) The
Commission may delegate essential number of officers and workers for the effective execution
of its capacities beneath theis Act. (3) The compensation, stipend and other terms and
conditions of benefit of the officers and workers of the Commission should be endorsed by
rules: Given that the Government may on ask of the Commission, designate any officer or
representative of the gracious benefit to the Commission on assignment.

Duties, powers and functions of the Commission:

The duties, powers and functions of the Commission are as follows, namely :
(a)to eliminate practices having adverse affect on competition in the market, to promote and to
sustain competition and to ensure freedom of trade; (b) 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; (c) without prejudice to section 18, to inquire into other offences
specified under this Act and to sue and conduct them accordingly; (d) to determine the
combination and matters relating to combination, to inquire into for combination and
conditions of combination and approval or disapproval of combination; (e) to make rules,
policy, instructions of notifications or administrative directions relating to competition, and to
give advice and to assist the Government for implementation thereof; (f) to set up appropriate
standards for the promotion of competitive activities and to provide training for the matters
relating to competition; (g) to take 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) to develop mass awareness by way of conducting research, seminar,
symposium, workshop and other similar means about the anticompetition agreement and
activities and to publish and disseminate the result of such research and to give
recommendations to the Government for their effective implementation. (i) to implement,
follow or consider any matter relating to competition sent by the Government; (j) to review 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 functions,
to sign and execute any agreement or Memorandum of Understanding (MOU) with any foreign
organization, with prior approval of the Government; (l) to fix fees, charges or any other
expenses for carrying out the purposes of this Act; and (m) to do any other act prescribed by
rules for carrying out the purposes of this Act.

Removal of Chairperson and Members

The Government may evacuate the Chairperson or any part from his office on any or more of
the taking after grounds in case he (a) is pronounced by a competent court to be an wiped out;
(b) is locked in in any post unessential to his possess obligations in thought of compensation; (c)
is announced by a competent court to be an unsound intellect; (d) is indicted of an offense
including ethical turpitude; (e) gets to be physically or rationally unable of releasing his
obligations; or (f) mishandle his position as to render his continuation in office within the
supposition of the Govevnment is biased to the open intrigued. (2) No activity might be taken
against the Chairperson or any Part beneath sub-section (1), without giving sensible
opportunity of being listened.