Competition means business related competition carried out by businesses among the businessmen in the market through competitive business activities to get more number of customers who consume by purchasing their goods and services, market share and market dominance.
Myanmar Competition Commission is the authority which is formed by the Government of the Republic of the Union of Myanmar to implement and enforce the provisions prescribed by the Competition Law 2015.
Myanmar Competition Commission is formed with 13 members comprising of the Director Generals and Deputy Director Generals from the relevant Government Departments and Government Organizations, economists, legal expert and professionals from non-governmental organizations. The Minister for the Ministry of Commerce is the Chairman of the Commission. The Director General and Deputy Director General of the Department of Trade are the Secretary and Joint Secretary of the Commission.
If there is a fair competition in the market, consumers will have more options to choose goods and services in terms of price, the quality of products etc.; the quality of products will also be improved as manufacturers will have to compete to produce better products and provide better services; they will also endeavor to manufacture new products. The higher productivity, the more job opportunities can improve.
The acts of anti-competition include activities such as price fixing, dividing the market shares, limiting production, collusion in auctions, refusing to sell/purchase, forcibly selling goods in combination, discrimination, controlling reseller prices, limiting distribution, merger and acquisition among businesses, abusing market power and deceptive advertisement.
The abuse of market power includes activities such as controlling the prices of products/services, limiting production for the purpose of manipulating market prices and controlling the market area.
Any person who violates the prohibition contained under the Competition Law shall be punished with imprisonment for a minimum of three months to a maximum of three years or with a minimum fine of one lakh to maximum of 150 lakhs or with both imprisonment and fine.
A businessman who violates the orders, directives and procedures prescribed under the Competition Law can be taken one action or more than one action of in term of a warning, imposing a fine, and banning the business operation temporarily or permanently.
Any person who dissatisfies the order or decision passed by Administration Action may appeal to the Commission within 60 days from the receiving date of such order or decision. The Commission may confirm, amend or cancel that decision and the decision of the Commission shall be final and conclusive.
the Competition Law prohibits include such measures –