Bangladesh

Basic Provisions

Competition Act 2012

Authority: Bangladesh Competition Commission | Enforcement: partial

Overview

Bangladesh enacted the Competition Act in 2012, establishing the Bangladesh Competition Commission as the national competition authority. The Act prohibits anti-competitive agreements, abuse of dominant position, and provides for merger review. The law represents Bangladesh's first comprehensive competition framework. The Bangladesh Competition Commission has been in the process of becoming fully operational, with institutional capacity building ongoing. Enforcement activity has been limited thus far, with the Commission focusing on awareness-raising, market monitoring, and developing internal expertise. The framework draws on South Asian regional competition models and reflects Bangladesh's growing need for competition regulation in its rapidly developing economy.

14-Topic Competition Coverage

Competition Authority

Partially Addressed

The Bangladesh Competition Commission has been established under the 2012 Act but is still building full operational capacity.

Anti-Competitive Agreements (Horizontal)

Fully Addressed

Horizontal agreements that prevent, restrict, or distort competition are prohibited, including price-fixing, market allocation, and bid-rigging.

Anti-Competitive Agreements (Vertical)

Fully Addressed

Vertical agreements that cause or are likely to cause an appreciable adverse effect on competition are prohibited.

Abuse of Dominance

Fully Addressed

Abuse of dominant position is prohibited, covering exploitative and exclusionary conduct by undertakings with significant market power.

Merger Control

Partially Addressed

The Act contains provisions on combinations (mergers and acquisitions) but the notification thresholds and review procedures are still being developed.

Leniency Programme

Not Addressed

No formal leniency programme has been established under the current framework.

Settlement & Commitment

Not Addressed

No formal settlement or commitment mechanism has been established.

Penalties & Sanctions

Fully Addressed

The Act provides for fines and penalties for competition law violations. Imprisonment may apply for non-compliance with Commission orders.

Digital Markets Regulation

Not Addressed

No specific digital markets regulation. General competition rules would apply to digital businesses.

Sector Regulators

Partially Addressed

BTRC (telecommunications) and the Bangladesh Energy Regulatory Commission exercise sector-specific regulatory functions.

Dawn Raids & Investigations

Partially Addressed

The Commission has investigation powers under the Act, but practical enforcement experience is limited.

Private Enforcement

Partially Addressed

Affected parties may approach the courts for remedies. Private competition enforcement is virtually non-existent in practice.

International Cooperation

Partially Addressed

Bangladesh participates in UNCTAD and regional competition cooperation activities. Institutional capacity building with international assistance is ongoing.