Towards Having an Effective Competition Policy in Bangladesh Dr Selim Raihan Do we need a competition policy? Effective competition policy and law is important in shaping business culture. Governmental measures that directly affect the behaviour of enterprises and the structure of industry constitutes competition policy. The law is a piece of legislative enactment to regulate the marketplace, which can be enforced in a court of law. Do we need a competition policy? In most of the countries competition policy and law aim at promoting competition by discouraging anticompetitive behaviour. For a business, such a policy means fairness as it acts against anticompetitive practices. For consumers this leads to lower prices and improved services. Do we need a competition policy? Country experiences do not reveal any uniform pattern. Some countries have formal competition policy, some do not. However, country experiences also suggest that even ‘informal’ but effective competition policy and law can be useful. In Bangladesh, therefore, it is important to identify the policies and to formulate laws which can ensure competition and be effective, whether formal or informal. Competition Policy without Competition Law? There are good reasons for having a competition law to provide legal backing to any existing competition policy. How can the national competition policy be formulated? Keeping in mind the national context. Management of resource constraint. Provisions for exceptions and exemptions? How to deal with public sector enterprises? Role of consumer organisations. International dimension. How can the national competition policy be formulated? Four critical factors are important: Political will Expertise Efficiency Resources How can the national competition policy be formulated? Role Role Role Role Role of of of of of government political parties international organisations consumer associations media How can the national competition policy be formulated? Consumer associations and media can help in: creating effective pressure group for getting the consumer law formulated and enacted, and strengthening it from time to time; using the consumer law for individual complaints as well as public interest litigation; testing and informing the people about the quality of various goods; educating consumers and consumer activists in a sustained manner; and creating, training and networking with small consumer groups at the grass root level. How to Make the Competition Policy and Law Effective Consistency with other policies Effective leadership Political support An active consumer movement