Jumbangla Desk: The countrymen are upset with the rising prices of daily necessities in the market. Among them, the discussion about the abnormal increase in the prices of non-vegetarian products, broiler chickens and eggs is everywhere. The Bangladesh Competition Commission is supposed to play the biggest role in breaking the daily commodity market syndicate. But here there are no legal experts, economists. Due to the lack of expert manpower, this commission is not able to play an effective role in preventing the increase in the prices of daily commodities.

Not only this, in many cases, the commission has been accused of illegal activities and undue harassment of businessmen. Therefore, legal experts have demanded reform of the legal structure of the Competition Commission. In a press release, legal experts pointed out various errors of the Competition Commission and asked it to be reformed.

Those concerned said that if the competition commission works properly, the various problems existing in the market could have been reduced, the increase in product prices could have been controlled. The question is, to what extent the competition commission is working according to the law to reduce the price of eggs and chicken.

According to them, broiler chicken and egg market suddenly rose in August 2022 due to increase in fuel oil prices. It is said that the syndicate is the cause of this price increase. The Competition Commission has filed suo motu cases against several leading poultry farm companies for market manipulation. The proceedings of the case started in the Commission without formulating the rules to conduct the proceedings of the case. A number of domestic and foreign poultry farm companies have been imposed a total financial penalty.

The fined institutions approached the Supreme Court without getting a solution. When practical and procedural errors were observed in the orders of the Competition Commission, the High Court issued a stay against the said orders.

Thousands of marginal farms have been affected by recent floods, rains, and hot weather, leaving the market short of broiler chickens and eggs. In this situation, the Competition Commission filed a suo motu case against the poultry farming company without identifying the root cause of the problem. Bangladesh Competition Commission called a meeting with the farmers.

The meeting was attended by the Acting Chairperson of the Commission, two members and other officers, and the owners of poultry farming establishments accused in the case filed by the Commission.

Former president of Bangladesh Breeders Association Kazi Zahin Hasan said that thousands of producers and wholesalers sell eggs in the egg market every day. When so many people trade in a market, there cannot be any syndicate in that market. Moreover, the price of chicken feed has also increased.

He said that thousands of producers and wholesalers sell in the egg market every day. When so many people trade in a market, there cannot be any syndicate in that market. Egg market is a competitive market. Syndicates cannot operate in this market. Large farms produce 20 percent of the total egg demand, while marginal small farms produce the remaining 80 percent. Floods, heat and heavy rains have destroyed many marginal farms. This reduced egg production. The supply of eggs in the market is less than the demand. Moreover, the price of chicken feed has also increased.

He also said, please appoint an economist in a commission and analyze the market, then you will understand where the problem is.

When asked about the weakness of the Competition Commission, the former Director of the Commission, Khalid A Nasser, said that the important work of the Competition Commission is to do market analysis. To find out why the price of daily commodities has increased, what could be the reason behind it. But sadly there is not even an economist in the Competition Commission to do market research. Again this commission does not have a legal expert. I think economists are needed here if the competition commission is to play a proper role. The legal framework needs to be made transparent.

Barrister Nazia Kabir, lawyer of the Supreme Court regarding the reform of the legal framework, said that it is necessary to immediately repeal Section 37 (2) of the Competition Commission Act, 2012 and reform the Competition Act, 2012 in order to ensure the establishment of transparency and justice. If not, the crisis of confidence of the people and stakeholders in the commission and the government will increase.

Meanwhile, the High Court has suspended several orders of the commission. Moreover, there have been public interest litigations on the financial matters of the Commission, which are still pending. The commission itself has dozens of pending cases. In such a situation, competition law expert Supreme Court lawyer Barrister Hamidul Misbah raised questions about the legality of the Competition Commission or any of its members to harass him with a case.

He said, according to the law, the commission should be constituted with people having at least 15 years of experience in economy, law and market. But as of 2019, the commission has never had any people with less than 15 years of experience in economics, law, or markets. As a result, it is clearly observed that the Competition Commission has performed its duties wrongly as well as violated the law and many of the Commission's activities are also illegal.

Not constituting the commission lawfully, proceeding with the case without making any rules on how the case will be conducted, finalizing the investigation report and passing the order imposing penalty on the defendant, all these are illegal which the commission has done one after the other and is still doing. . For good reason, the High Court has stayed several orders of the Commission.

Barrister Hamidul Misbah said, I think in the larger interest of the country and the people, the Competition Commission should be restructured in the manner mentioned in the law and if a case is to be filed against someone or if punishment is to be imposed, it should be done in accordance with the law. The mishandling of case proceedings must stop. Otherwise, investors will refrain from investing. As a result, there will be a shortage in the supply of the product in the market and the price of the product will continue to rise. It will destabilize the market. And the country's people and economy will have to pay the price.

He said, the High Court can issue special directive orders in the national interest to ensure that the Competition Commission is reformed and formed in a new form and performs its functions lawfully. If necessary, we will bring this matter to the attention of the High Court.

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