OECD kpcdb

1. Scope

 

Section 2 (g) and Section 13 of the Act includes as a Restraint on Competition the abuse of a dominant market position and monopolisation.

 

Under Section 15, the prohibition includes acts which cause monopolisation on the market by:

 

a)  controlling purchase prices or selling prices of goods or fees of services;

b)  restraining services or production or restricting of opportunities in purchase and sale of goods or specifying compulsory terms and conditions directly or indirectly for other businessmen, for the purpose of controlling prices;

c)  suspending, reducing or restraining services, production, purchasing, distribution, transfer or import without any appropriate reasons or destroying or causing damage to goods in order to reduce the quality and lessen the demand;

d)  controlling and restraining the area where goods or services are traded in order not to allow entry of other businesses into the market and to control market share;

e)  interfering unfairly in the business of other persons.

 

Section 16 prescribes that the businessman may, with the permission of the Commission:

 

a)  co‑operate with a producer, distributor and provider of any other business;

b)  purchase in full or in part properties or shares of any other business.

2. Assessment

The MmCC has not yet published guidelines that explain how abuse of dominance or monopolisation conducts will be assessed.

3. Remedies and sanctions

Remedies and administrative sanctions: See Section I.4 on Remedies and administrative sanctions.

 

Criminal sanctions: As per Section 41, any person who violates the prohibitions contained in Section 15 shall, on conviction, be punished with imprisonment for a term not exceeding two years or with fine not exceeding Kyat one hundred lakhs or with both.

 

 

* This information is based on Competition Law in Asia-Pacific: A Guide to Selected Jurisdictions (2018).