Bangladesh 1970
Note: This statute has not been formally enacted. It was inherited from Pakistan, but never "initialized" by the new Bangladesh government.
Score = 15
Governed by: Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance No. V of 1970. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| 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. | |
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 16(1)(i) requires registration of mergers concerning dominant companies. | |
| Pre-merger | 0 | ||
| Post-merger | 1 | ||
| 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. | |
| 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 | ||
| 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
- ↑ “Competition Scenario in Bangladesh” July 2005, Bangladesh Enterprise Institute; http://www.cuts-international.org/7up2/Country_report_Bangladesh.doc