Antitrust and Competition Law in Bangladesh

by Barrister Tahmidur Rahman | Sep 8, 2026

Trade, Competition & RegulationCompetition compliance and investigations9 min read

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.

Overview

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.

01 · What we handle

Core workstreams

  • Compliance programmes and training
  • Distribution and commercial agreements
  • Cartel and dominance investigations
  • Merger control and transactions
02 · How it runs

Four clear stages

  1. 01Assess the risk
  2. 02Fix and document
  3. 03Engage the Commission
  4. 04Challenge or resolve
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

How we help on competition matters

Workstream 01Trade, Competition & Regulation

Compliance programmes and training

  • Assess the risk
  • Fix and document
  • Engage the Commission
  • Challenge or resolve
Workstream 02Trade, Competition & Regulation

Distribution and commercial agreements

  • Assess the risk
  • Fix and document
  • Engage the Commission
  • Challenge or resolve
Workstream 03Trade, Competition & Regulation

Cartel and dominance investigations

  • Assess the risk
  • Fix and document
  • Engage the Commission
  • Challenge or resolve
Workstream 04Trade, Competition & Regulation

Merger control and transactions

  • Assess the risk
  • Fix and document
  • Engage the Commission
  • Challenge or resolve
Workstream 05Trade, Competition & Regulation

Dawn raids and urgent response

  • Assess the risk
  • Fix and document
  • Engage the Commission
  • Challenge or resolve
Workstream 06Trade, Competition & Regulation

Challenges and private disputes

  • Assess the risk
  • Fix and document
  • Engage the Commission
  • Challenge or resolve
01

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.

02

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.

03

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.

04

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.

05

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.

06

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.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

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.

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01

What 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.

02

What 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.

03

Can 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.

04

Does 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.

05

How 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.

06

Is 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.

07

Can 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.

08

Do 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.

How a matter runs

From first call to resolution.

  1. 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.

  2. 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.

  3. 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.

  4. 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

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

Who enforces antitrust law in Bangladesh?
The Bangladesh Competition Commission enforces the Competition Act 2012. It can investigate agreements, dominance and combinations, request information, summon witnesses, inspect premises and impose orders and penalties. Other bodies, such as the Directorate of National Consumer Rights Protection and sector regulators, may also act on related conduct, including pricing and consumer issues. We help clients manage overlapping inquiries so that statements to one authority do not create problems with another. Coordinated handling usually produces a better outcome and a consistent antitrust position across all authorities. Keep a log of each request received, the authority that sent it and the date by which a reply is due.
What is an anti-competitive agreement?
It is an agreement, arrangement or understanding, written or informal, between businesses that causes or is likely to cause an appreciable adverse effect on competition in Bangladesh. Cartels between competitors, such as price fixing, bid rigging and market allocation, are the most serious. Vertical agreements between suppliers and distributors can also be problematic in some circumstances. Informal understandings reached by phone or messaging apps can count, so written policies alone are not enough. We help businesses recognise these risks in day-to-day dealings with competitors, distributors and customers. Internal emails and chat messages are often the evidence relied on, so staff should take care how they describe dealings with rivals.
Do small companies need an antitrust compliance policy?
Smaller companies are less likely to be dominant, but they can still be party to a cartel or an unlawful agreement with competitors or distributors. A short, practical policy and basic training for sales staff and managers who meet competitors is proportionate for most businesses. We prepare concise policies tailored to company size, so that compliance is realistic and does not become a burden that staff ignore in daily work. A short annual antitrust refresher for sales and procurement teams is usually enough to keep awareness current. Policies should be easy to follow.
How long does a Competition Commission investigation take?
There is no fixed timetable that can be relied on, because duration depends on the complexity of the case, the number of parties, the volume of evidence and the Commission's workload. Some inquiries close quickly, while others run for an extended period with several rounds of information requests and hearings. We plan for each stage, keep management informed of likely next steps and look for opportunities to resolve concerns early. Early, accurate cooperation can sometimes shorten the process and narrow the issues under review. Budgets should allow for this.
Can employees be personally liable for antitrust breaches?
Directors, officers and employees involved in or responsible for prohibited conduct can face personal consequences, including penalties for obstruction or non-compliance with Commission orders. Employment consequences may also follow inside the company. Where the interests of individuals and the company may diverge, separate advice may be needed. We advise on individual exposure, representation at interviews and hearings, and the company's indemnity and insurance position. Individuals should not assume that company counsel represents their personal interests in every situation. Insurance cover should be checked.
Is price gouging during shortages treated as an antitrust issue?
It can be, where price rises result from coordination between competitors or abuse of dominance. Excessive pricing by a single trader may also be addressed under consumer protection, essential commodities and special laws targeting hoarding and abnormal price increases. Public scrutiny is intense when staple food prices rise. We advise traders, importers and processors on how to set and explain prices lawfully and how to respond to government inquiries. Clear, documented pricing reasons are the best protection when prices move quickly in a volatile market. Keep cost data, supplier invoices and board papers showing why prices changed, since authorities are likely to ask for them.
Can a distributor be terminated without competition law risk?
Usually yes, if termination follows the contract and has a legitimate commercial reason. Risk increases where a dominant supplier cuts off a distributor to punish discounting, to exclude a rival or to impose unfair terms. Termination can also raise contract and agency law issues in Bangladesh. We review the reasons, the contract and the market position, and plan a termination that limits antitrust and litigation risk for the supplier. Documenting the commercial reasons for termination at the time is important if the decision is later questioned. Give the notice the contract requires, and check for exclusivity, stock buy-back or post-termination restriction clauses before acting.
How can we contact TRW about an antitrust matter?
Contact us at House 410, Road 29, Mohakhali DOHS, Dhaka 1206, on +880 1708 000660, at info@trw.co, or through our contact page. If an inspection or deadline is imminent, call us directly so that we can act at once. For compliance reviews and transactions, send a short summary of the business, the market and the issue, and we will propose a scope. Initial discussions are confidential, and we can usually give a preliminary view on antitrust exposure quickly.

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