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Under the draft, if any individual, even acting alone and beyond any collusive arrangement, directly or indirectly exerts an adverse impact on market competition in the production, supply, or storage of any goods or services, the BCC can act against him or her.

Currently, the law states that no person shall directly or indirectly enter into any agreement or collusion -- in respect of production, supply, distribution, storage or acquisition of any goods or services -- which causes or is likely to cause an adverse effect on competition or creates monopoly or oligopoly in the market.

At present, individuals aggrieved by an order of the BCC can appeal to the Commerce Secretary for reconsideration. However, the draft of the amended law proposes a shift in this process.

Recognising the quasi-judicial nature of the commission, the draft calls for the establishment of a dedicated Competition Appellate Tribunal. This specialised body will serve as a proper forum for reviewing and hearing appeals against the commission’s decisions, it added.

AHM Ahsan, chairperson of the BCC, said the law is being amended to comprehensively cover all forms of anti-competitive activities.

What experts say

Professor Mustafizur Rahman, a distinguished fellow of the Centre for Policy Dialogue, said if these sections of the law are ultimately amended, the commission will become more powerful.

These amendments will bring more clarity to the law and strengthen enforcement, he said, adding that and if a dedicated competition appellate tribunal is formed, it will ensure the commission’s independence.

“However, alongside all this, the institutional capacity of the commission must be increased. That means bringing in people who understand the law well, have the capacity, and understand market management,” he added.

According to Azhar Uddin Bhuiyan, lecturer at the department of law of the University of Dhaka, to ensure the effectiveness of the provision on anti-competitive agreements, it must be supported by a block exemption regulation.

This regulation would specify agreements that do not require clearance from the Commission, and those which will remain subject to its competition scrutiny, he said.