Bangladesh: Difference between revisions

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New page: '''Score = 15''' ''Governed by:'' Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance No. V of 1970. <ref>“Competition Scenario in Bangladesh” July 2005, Ba...
 
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'''Score = 15'''
== Competition Statutes ==
 
*[[Text|Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance No. V of 1970.]]
''Governed by:'' Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance No. V of 1970.  
<ref>“Competition Scenario in Bangladesh” July 2005, Bangladesh Enterprise Institute;
http://www.cuts-international.org/7up2/Country_report_Bangladesh.doc</ref>
 
{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment
 
|- class="categorydivision"
| Scope
| Extraterritoriality
| 0
|
 
|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 19 says that the Authority can issue fines.
 
|-
|
| Prison Sentences
| 0
|
 
|-
|
| Divestitures
| 1
| Article 12(1)(b) allows divestitures in cases of unreasonable monopoly power.
 
|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 0
|
 
|-
|
| Remedies Available to 3rd Parties
| 0
|
|-
|
| 3rd Party Rights in Proceedings
| 0
|
 
|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|
|-
|
| Mandatory
| 3
| Article 16(1)(i) requires registration of mergers concerning dominant companies.
|-
|
| Pre-merger
| 0
|
|-
|
| Post-merger
| 1
|
|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 5 prohibits mergers that will result in an unreasonable concentration of market power.
|-
|
| Restriction of Competition
| 1
| Article 5 says that such mergers will be prohibited if it will substantially lessen competition.
 
|-
|
| Public Interest (Pro D)
| 0
|
|-
|
| Public Interest (Pro Authority)
| 0
|
|-
|
| Other
| 0
|
|-
|
| Efficiency
| 1
| Article 5(2) says that otherwise impermissible mergers can be allowed when their benefits of efficiency outweigh the adverse effects on competition.
|- class="categorydivision"
| Dominance
| Limits Access
| 0
|
|-
|
| Abusive Acts
| 0
|
 
|-
|
| Price Setting
| 0
|
 
|-
|
| Discriminatory Pricing
| 0
|
|-
|
| Resale Price Maintenance
| 1
| Article 6(b) prohibits resale price maintenance.
|-
|
| Obstacles to Entry
| 0
|
|-
|
| Efficiency Defense
| 0
|
|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 6(a)(i) prohibits price fixing.
|-
|
| Tying
| 1
| Article 6(c) prohibits tying arrangements.
|-
|
| Market Division
| 1
| Article 6(a)(ii) prohibits market division.
|-
|
| Output Restraint
| 1
| Article 6(a)(iii) prohibits limiting production of goods.
|-
|
| Market Sharing
| 1
| Article 6(a)(ii) prohibits market sharing.
|-
|
| Eliminating Competitors
| 0
|
|-
|
| Collusive Tendering/Bid-Rigging
| 0
|
|-
|
| Supply Refusal
| 1
| Article 6(a)(v) prohibits group boycotts.
|-
|
| Efficiency Defense
| 1
| Article 6(2) provides an efficiency defense for the Article 6 prohibitions.
|}
 
== References ==
<references />

Revision as of 20:23, 20 June 2007