OECD kpcdb

1. Scope 

 

As per Section 35, an anti-competitive practice shall be deemed to exist, where a person in the course of business, pursues a course of conduct which of itself or when taken together with a course of conduct pursued by persons associated with him, has or is intended to have or is likely to have the effect of restricting, distorting or preventing competition in connection with the production, supply or acquisition of goods in Sri Lanka or the supply or securing of services in Sri Lanka.

 

There is no classification of the types of behaviour that could constitute an anti-competitive agreement.

 

2. Assessment

 

As per Section 41 (2), in determining for the purposes of this section, whether any anti-competitive practice operates, or is likely to operate, against public interest, the Council shall take into account all matters which appear to the Council to be relevant to the matter under investigation and shall have special regard to the desirability of-

 

a)  maintaining and promoting effective competition between persons supplying goods and providing services;

b)  promoting the interests of consumers, purchasers and other users of goods and services in respect of the price and quality of such goods and services and the variety of goods supplied and services provided in Sri Lanka; and

c)  promoting through competition the reduction of costs, the development and use of new techniques and products and facilitating the entry of new competitors into existing markets.

 

There are no published guidelines as to how these may be applied.

 

3. Remedies and Sanctions

 

See Chapter I on Remedies and Sanctions.

 

4. Leniency

 

The CAA does not operate any immunity/leniency programme.

 

 

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