Antitrust and Competition Law in Bangladesh
Antitrust and competition advice for companies doing business in Bangladesh, covering the Competition Act 2012, cartel and abuse of dominance risk, merger approvals, dawn raids, Bangladesh Competition Commission proceedings, compliance programmes and coordinated multi-country reviews for regional and global groups.
- Assess the risk
- Fix and document
- Engage the Commission
- Challenge or resolve
Antitrust and competition advice for the Bangladesh market
Competition enforcement in Bangladesh has become more active, and antitrust risk now sits on the agenda of boards, in-house counsel and foreign investors. The Competition Act 2012 prohibits anti-competitive agreements, abuse of a dominant position and combinations that harm competition, and the Bangladesh Competition Commission has powers to investigate, search premises, impose penalties and order changes in conduct. We advise local companies, multinationals, trade associations and investors on how these rules apply to their markets, contracts and transactions. This work forms part of our regulatory practice in Bangladesh. We focus on practical answers that management can act on.
Most antitrust exposure arises from ordinary commercial behaviour. Price discussions at trade association meetings, coordinated responses to supply shortages, exclusive distribution terms, resale price instructions, tender cooperation and information sharing between competitors can all raise concerns under the Act. Essential commodities such as edible oil, sugar, rice, eggs and onions have drawn particular public attention, with allegations of syndicates and hoarding frequently reported. We help businesses identify where their practices sit on the spectrum from lawful cooperation to prohibited conduct, and change course before an investigation begins rather than after it starts.
Companies with significant market positions face a separate set of rules. Abuse of dominance can include unfair or discriminatory pricing, limiting production, refusing supply, imposing unfair terms and using dominance in one market to gain advantage in another. Being large is not itself unlawful, but conduct that is normal for a smaller firm may be problematic for a dominant one. We carry out antitrust reviews of pricing, rebate, distribution and supply policies, assess market definition and dominance on the evidence available, and recommend practical safeguards that protect the commercial strategy while reducing legal risk. Evidence of efficiencies also matters.
Transactions also need attention. The Act requires approval of combinations that may affect competition, and the Commission has been developing regulations and practice on merger notification. Global and regional deals involving Bangladesh subsidiaries, distributors or significant local sales therefore need early analysis, so that a Bangladesh filing does not delay closing elsewhere. We work with deal teams and with counsel in the UK, US, UAE, China, India and Singapore to coordinate antitrust filings, timetables and remedies across jurisdictions, and advise on interim conduct between signing and approval. Clear deal planning keeps regulatory surprises to a minimum.
When the Commission opens an inquiry, the first days matter. We act for companies, executives and associations facing information requests, summons, inspections and hearings, prepare written submissions and economic evidence, and challenge procedurally flawed orders through review, appeal or writ proceedings in the High Court Division. Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub advise on investigation strategy and transactions, and Adv Syed Wahid leads related litigation within our dispute resolution practice. The Legal 500 Asia Pacific ranks the firm for dispute resolution in Bangladesh. We also help clients manage public statements during antitrust proceedings.
Core workstreams
Four clear stages
- 01Assess the risk
- 02Fix and document
- 03Engage the Commission
- 04Challenge or resolve
Talk to a partner
Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.
Book →How we help on competition matters
Compliance programmes and training
- Assess the risk
- Fix and document
- Engage the Commission
- Challenge or resolve
Distribution and commercial agreements
- Assess the risk
- Fix and document
- Engage the Commission
- Challenge or resolve
Cartel and dominance investigations
- Assess the risk
- Fix and document
- Engage the Commission
- Challenge or resolve
Merger control and transactions
- Assess the risk
- Fix and document
- Engage the Commission
- Challenge or resolve
Dawn raids and urgent response
- Assess the risk
- Fix and document
- Engage the Commission
- Challenge or resolve
Challenges and private disputes
- Assess the risk
- Fix and document
- Engage the Commission
- Challenge or resolve
Compliance programmes and training
We design antitrust compliance programmes suited to the Bangladesh market, including risk assessments, written policies, rules for trade association meetings, guidance on contacts with competitors, document retention and dawn raid procedures. We deliver practical training to boards, sales teams and procurement staff in English or Bangla, using scenarios drawn from their own industry, and we review the programme periodically as enforcement practice develops. Materials are kept short and practical.
Distribution and commercial agreements
We review distribution, agency, franchise, supply and licensing agreements for antitrust risk, focusing on exclusivity, territorial and customer restrictions, resale pricing, non-compete clauses, most favoured customer terms and information flows. We redraft terms so that the commercial objective is preserved while the risk of breaching the Competition Act 2012 is reduced, and we advise on how to roll out changes across existing distributor networks. Template clauses are supplied for future contracts.
Cartel and dominance investigations
We represent companies and individuals in Bangladesh Competition Commission investigations into alleged cartels, bid rigging, price fixing, market sharing and abuse of dominance. This includes responding to information requests and summons, attending hearings, preparing written defences, engaging economists, negotiating commitments where appropriate, and advising on parallel media, consumer or government scrutiny of the same conduct by other authorities. We also advise on antitrust aspects of settlement discussions. Leniency questions are considered carefully.
Merger control and transactions
We assess whether a transaction is a combination requiring Commission approval, prepare filings, manage communications with the Commission and coordinate with filings in other countries. We also advise on antitrust provisions in transaction documents, including conditions precedent, gun-jumping risk, information exchange during due diligence, interim covenants and the allocation of regulatory risk between buyer and seller. Filing strategy is agreed with the deal team early. Remedies are negotiated where needed.
Dawn raids and urgent response
We prepare companies for unannounced inspections with written protocols, response teams and training for reception and IT staff. If officials arrive, we advise on the scope of their powers, the handling of documents and electronic data, privilege and interviews, and the record to be kept. Afterwards we review what was taken and plan the next antitrust steps with management. Mock raids can be run for key sites.
Challenges and private disputes
We challenge Commission orders through review and appeal routes and, where appropriate, writ petitions in the High Court Division. We also advise on commercial disputes with a competition element, such as termination of distributors, refusals to supply, enforcement of restrictive clauses and allegations that a contract term is void for anti-competitive effect under the Competition Act 2012. Damages and contract claims are assessed together. We also consider whether a negotiated commercial outcome is better than contested proceedings, and plan the sequence accordingly.
Partner-led, on every matter.
Trade, Competition & Regulation matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.
Meet the firm →01What conduct does the Competition Act 2012 prohibit?
The Act prohibits agreements relating to production, supply, distribution, storage or acquisition of goods or services that cause or are likely to cause an appreciable adverse effect on competition in Bangladesh. This covers price fixing, limiting supply, market sharing and collusive tendering between competitors, and some vertical restrictions. It also prohibits abuse of a dominant position and combinations that harm competition. The Commission can investigate on its own initiative or following complaints. We explain how these rules apply to a client's specific market and business model, bearing in mind that practices accepted elsewhere may be treated differently here.
02What penalties can the Bangladesh Competition Commission impose for antitrust breaches?
The Commission can order a party to stop the conduct, modify or terminate agreements and impose financial penalties, which for serious breaches can be calculated by reference to turnover. It can also impose penalties for failing to comply with its orders or for obstructing an investigation, and some failures can lead to criminal consequences. Beyond fines, findings damage reputation and can prompt scrutiny from other regulators and customers. We assess realistic exposure in each case and build a strategy that limits financial and reputational harm, including by showing cooperation and prompt remedial steps where appropriate.
03Can trade associations discuss prices or supply in Bangladesh?
Trade associations play an important role in Bangladesh, and many interact closely with the government on policy. However, discussions between competitors on prices, margins, supply volumes, customers or tender bids carry serious antitrust risk, even if presented as stabilising the market. Associations should have clear agendas, minutes, a competition law reminder at meetings and guidance on what members may share. We advise associations and their members on safe practices and attend meetings where sensitive topics, such as price spikes, are on the agenda. Minutes should record what was discussed, and members should leave if prices are raised.
04Does our transaction need approval from the Competition Commission?
The Competition Act 2012 requires approval for combinations, such as acquisitions, mergers and amalgamations, that are likely to have an adverse effect on competition, and the Commission has been developing rules and practice on notification. Whether a deal needs filing depends on its structure, the parties' presence in Bangladesh and current regulations. Global transactions with a Bangladesh nexus should be checked early. We assess the antitrust position, advise on whether and when to file, prepare submissions and coordinate timing with other jurisdictions. Parties should not integrate operations or exchange sensitive information before approval is obtained.
05How should a company respond to an antitrust inquiry or information request?
Take it seriously and respond on time. Read the request carefully to understand its scope and legal basis, preserve all relevant documents and electronic data, and stop any routine deletion. Avoid internal speculation by email. Appoint a small response team and involve counsel before submitting anything, because early answers are hard to correct later. Seek extensions if the deadline is unrealistic. We review the request, advise on confidentiality and privilege, prepare accurate responses and consider whether the facts support an early explanation that might narrow the investigation. Speed and accuracy both matter.
06Is it unlawful for a supplier to fix its distributors' resale prices?
Resale price maintenance, where a supplier requires distributors to sell at a fixed or minimum price, can raise antitrust concerns under the Competition Act 2012, particularly where the supplier has a strong market position or the practice is widespread in the sector. Recommended prices and maximum prices are generally lower risk, provided they are genuinely optional. We review pricing policies and distributor agreements, and help suppliers achieve brand consistency through lower-risk methods such as quality standards and promotional support. Market share, distributor margins and actual price effects are usually central.
07Can a company challenge a Competition Commission order?
Yes. Orders of the Commission can be reviewed or appealed through the routes provided in the Act, and procedural fairness or excess of jurisdiction can be raised in writ proceedings before the High Court Division under Article 102 of the Constitution. Interim relief may be available while a challenge is pending. Deadlines are short, and the record created during the investigation often decides the outcome. We advise on the strongest grounds of challenge, prepare petitions and represent clients at hearings, working with economic experts where needed. Whether an order must be complied with meanwhile should be confirmed immediately.
08Do Bangladesh antitrust rules apply to foreign companies?
The Competition Act 2012 focuses on effects on competition in Bangladesh, so foreign companies can be affected where their agreements, conduct or transactions have an impact on Bangladeshi markets, for example through exports to Bangladesh, local distributors or subsidiaries. Practical enforcement against an entity with no local presence may be harder, but local subsidiaries, distributors and executives can still face scrutiny. We advise foreign groups on how their global policies apply in Bangladesh and coordinate with counsel abroad on cross-border investigations and merger filings. Global antitrust policies may need local adaptation.
From first call to resolution.
- 01
Assess the risk
We review the market, the client's position, its agreements and the conduct in question, and give a clear view of antitrust exposure under the Competition Act 2012, with clear priorities ranked by legal and commercial impact.
- 02
Fix and document
We recommend practical changes to contracts, pricing policies and association conduct, draft compliance materials and train staff, so that the business can show a genuine commitment to compliance if questioned. Policies are reviewed each year. Training attendance and policy sign-offs are recorded so that they can be produced if the Commission asks.
- 03
Engage the Commission
Where a filing, complaint or investigation is involved, we prepare submissions, manage correspondence and hearings, and negotiate with the Commission on scope, timing, confidentiality and, where appropriate, commitments. Information requests and hearing notices carry response dates, which we diarise and meet, seeking extensions in good time where needed.
- 04
Challenge or resolve
If an adverse order is made, we advise on review, appeal or writ proceedings and on interim relief, and we help the business implement any required changes while protecting its commercial position. Lessons feed into future compliance.
“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”
The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback
Related reading.

Competition Law in Bangladesh: A 2026 Business Guide

Merger Notification and Competition Law in Bangladesh 2026: Section 21, Draft Regulations and Deal Strategy

Abnormal Price Competition Law in Bangladesh 2026: Syndicates, Price Gouging and Hoarding

Mergers and Acquisitions Law in Bangladesh: 2026 Legal Guide
All insights →
Who enforces antitrust law in Bangladesh?
What is an anti-competitive agreement?
Do small companies need an antitrust compliance policy?
How long does a Competition Commission investigation take?
Can employees be personally liable for antitrust breaches?
Is price gouging during shortages treated as an antitrust issue?
Can a distributor be terminated without competition law risk?
How can we contact TRW about an antitrust matter?
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