2022-07-26-联合国贸易发展委员-联合国贸易发展委员会_51页_2mb

报告摘要

Summary of the Voluntary Peer Review of Competition Law and Policy in Bangladesh

Core Content

The Voluntary Peer Review of Competition Law and Policy in Bangladesh is a report conducted by the United Nations Conference on Trade and Development (UNCTAD) in March 2022. It evaluates the legal and institutional framework of competition law in Bangladesh, with a focus on its implementation, challenges, and the role of competition in promoting economic growth and development, especially for Cottage, Micro, Small and Medium Enterprises (CMSMEs).

Main Objectives

The report aims to:

Assess the legal framework of competition law in Bangladesh.
Evaluate the institutional structure and enforcement practices of the Bangladesh Competition Commission (BCC).
Analyze the role of competition in fostering the growth of CMSMEs.
Provide policy recommendations to enhance the effectiveness of competition policy in the country.

Key Information

1. Foundations and History of Competition Policy in Bangladesh

Historical and Social Context: Bangladesh is a country in Southeast Asia with a population of about 163.7 million and an area of 148,480 square kilometers. It emerged as an independent nation in 1971 following a nine-month war with Pakistan.
Political Context: Bangladesh has a unitary parliamentary system since 1991. The Constitution emphasizes equality and inclusive development.
Economic Context:
- Bangladesh has experienced significant economic growth since independence, with GDP growth rates exceeding 6% from 2010-11 until the onset of the COVID-19 pandemic.
- The Gini coefficient increased from 25.9 to 39.5 between 1983 and 2018, indicating rising inequality.
- The Vision 2041 strategy aims to move Bangladesh to Upper Middle-Income Country (UMIC) status by 2031 and High-Income Country status by 2041.
- The Perspective Plan of Bangladesh 2021-2041 (PP2041) outlines a path toward a digital and industrial economy, with a focus on competition as a tool for development.

2. Legal Framework

Bangladesh Competition Act (BCA), enacted in 2012, is the main legal instrument governing competition.
The BCA covers:
- Anticompetitive agreements (both horizontal and vertical).
- Abuse of dominant position.
- Control of mergers and acquisitions.
The BCA applies to all enterprises engaged in commercial activities, including government departments, but excludes national security-related activities.
Section 22 grants the BCC extraterritorial jurisdiction, allowing it to investigate anticompetitive acts that affect the market in Bangladesh, even if they occur outside the country.
The BCA does not include block exemptions or market share thresholds, which are common in other jurisdictions.
Section 15 outlines specific antitrust provisions, prohibiting agreements that:
- Determine abnormal prices or deceptive pricing.
- Limit or control production, supply, markets, technical development, investment, or service provision.
- Share the market through geographical allocation, product type, or customer segmentation.
- Include tie-in arrangements, exclusive supply/distribution agreements, refusal to deal, and resale price maintenance.
These agreements are prohibited only if they have an adverse effect on competition, following a rule of reason approach, not as per se prohibitions.
The BCA does not contain a specific consumer protection framework, though the BCC has the authority to review actions under other laws for consumer rights.

3. Institutional Issues

The Bangladesh Competition Commission (BCC) is the competitions authority in Bangladesh.
The BCC has investigative and adjudicative powers, including the authority to:
- Conduct pre-inquiry/settlement, inquiry, investigation, and adjudication.
- Prioritize enforcement cases based on economic impact and public interest.
Sanctions include administrative and criminal penalties.
The BCC has limited resources and technical capacity, with the first Chairperson appointed in April 2016 and the Commission becoming fully functional in 2018.
A technical assistance project was launched to improve the BCC’s capacity, and the 2022 Regulation on meetings and miscellaneous activities was adopted.
The BCC has not yet handled any consumer rights protection cases.

4. Role of Competition in CMSME Development

CMSMEs are vital to Bangladesh’s economy, especially in manufacturing and services.
The report highlights the need to support CMSMEs in accessing digital markets and to foster competition in sectors like energy and telecommunications.
The government and BCC are encouraged to engage with CMSMEs through guidance, advocacy, and policy support.

5. International Cooperation

The report emphasizes the importance of international cooperation in enforcing competition law, particularly with sector regulators.
It outlines arrangements with sector regulators in areas such as telecommunications and energy, where state monopolies exist.

6. Policy Recommendations

To the Government:
- Amend the BCA to include block exemptions and market share thresholds.
- Enhance institutional framework and resources for the BCC.
To the Bangladesh Competition Commission:
- Strengthen enforcement mechanisms and institutional capacity.
- Expand competition advocacy efforts, especially in academia and legal communities.
- Increase support for CMSMEs through policy and technical assistance.
To CMSME Agencies:
- Encourage competition-friendly policies and capacity building for SMEs.
To the Judiciary:
- Improve judicial support and understanding of competition law to ensure effective enforcement.

Conclusion

The report underscores the potential of competition law to support economic development, poverty reduction, and market efficiency in Bangladesh. However, it also identifies key challenges, including weak enforcement, limited resources, and the absence of a consumer protection framework. The recommendations focus on legal reforms, institutional strengthening, and greater engagement with CMSMEs to ensure that competition law contributes effectively to Bangladesh’s broader development goals.