OECD kpcdb

1. Scope

 

Section 3 (1) of the Act sets out that no person or enterprise shall, with an intention to limit or control competition, enter into, or cause to be entered into individually or collectively, any agreement with any other person or enterprise that produces the identical or similar goods or services, to fix prices, limits production, controls the overall production of any goods or services, restrains the sale and distribution of any goods or services, or allocate the market, etc. The Act says that any agreement entered into in contravention of Sub-section 3 (1) shall be void.

 

In addition to Section 3, the Act also prohibits bid rigging separately in Section 6.

2. Assessment

The Act sets out no further criteria for assessment nor are there are no guidelines issued.

3. Remedies and sanctions

Anti-competitive agreements shall be void, and such person or enterprise shall be subject to a fine not exceeding NPR 500,000. Court may issue an order to stop such activity immediately.

4. Leniency

There is no leniency programme as such. However section 21 sets forth that in the course of investigation and inquiry, if any person or enterprise related with such offence provides assistance, the market protection officer may, while filing a case, make a demand to the Court for full or partial exemption from punishment on such person or enterprise. Where the demand for exemption from punishment appears to be reasonable, the Court may make full or partial exemption on the infringer.

 

 

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