Bangladesh 1970

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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

  1. “Competition Scenario in Bangladesh” July 2005, Bangladesh Enterprise Institute; http://www.cuts-international.org/7up2/Country_report_Bangladesh.doc