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Ley de Competencia (Ley N° 9/2015 de 24 de febrero de 2015), Myanmar

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Detalles Detalles Año de versión 2017 Fechas Entrada en vigor: 24 de febrero de 2017 Promulgación: 24 de febrero de 2015 Tipo de texto Legislación relacionada con la PI Materia Propiedad Industrial, Competencia, Otros

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Textos principales Textos principales Birmano ယှဉ်ပ ြိုင်မှု ဥ ဒေ (၂၀၁၅ ခုနှစ်၊ ပ ည်ဒ ောင်စုလွှတ်ဒတော်ဥ ဒေအမှတ် ၉ ။) (၂၀၁၅ ခုနှစ်၊ ဒေဒေော်ဝေါရီလ ၂၄ ရက်)      Inglés The Competition Law (Law No. 9/2015 of February 24, 2015)         
 Competition Law (Law No. 9/2015 of February 24, 2015)

The Competition Law

(The Pyidaungsu Hluttaw Law No9, 2015)

The 7 th

Waxing Day of Taboung, 1376 M.E

(24 February, 2015)

The Pyidaungsu Hluttaw hereby enacts this Law.

Chapter I

Title, Enforcement and Definition

1. ( a ) This Law shall be called the Competition Law.

( b ) This Law shall come into force from the date specified by the

President with notification.

2. The expressions contained in this Law shall have the meanings given

hereunder:

( a ) State means the Republic of the Union of Myanmar.

( b ) Government means the Union Government of the Republic of the

Union of Myanmar.

( c ) Commission means the Myanmar Competition Commission

formed under this Law.

( d ) Ministry means the ministry assigned duty by the Union

Government.

( e ) 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.

( f ) Competition Policy means policies laid down by the State to cause

direct effect on production, services, trade, investment and

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businesses in order to emerge fair competition in the market and

protect the interests of the consumers from monopolization.

( g ) Act of Restraint on Competition means the act which reduces or

hinders the competition among businesses in the market. In this

expression, agreements of restraint on competition, taking chance

on the abuse of the dominant market position and monopolization

by any individual or group are also included.

( h ) Unfair Competition means competitive practices by businesses

during the business process which cause or may cause damage to

the interests of the State or the legitimate rights and interests of

other businesses or of consumers.

( i ) Business means any business, such as manufactures, distributions,

purchases, sells, imports, exports and exchanges the goods, or

service.

( j ) Businessman means the person who carries out any business or

service business. In this expression, an organization that operates

business or service is also included.

( k ) Goods means materials that is traded or manufactured or

consumed for the purpose of this Law. In this expression,

debentures, stocks and shares are also included.

( l ) Service means business that is carried out by fee or remuneration

or consideration for the purpose of this Law. In this expression,

businesses that are specified as service by the Government from

time to time are also included.

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( m ) Market means an area where commercial dealings are conducted

between persons desirous of selling and purchasing of goods and

services.

( n ) Market-share means the percentage or ratio of the sales or services

provided by the businessman out of the total sale volume of the

market.

( o ) Price means the amount specified in the sale of goods or services.

( p ) Committee means other committees including the Investigation

Committee formed by the Commission in order to carry out the

functions and duties of the Commission.

( q ) Working group means the working group formed by the

committee in order to carry out functions and duties relating to

competition.

Chapter II

Objective

3. The objectives of this Law are as follows:

( a ) to protect and prevent acts that injure of public interests through

monopolization or manipulation of prices by any individual or

group with intent to endanger fair competition in economic

activities, for the purpose of development of the national economy;

( b ) to be able to control unfair market competition on the internal and

external trade and economic development;

( c ) to be able to prevent from abuse of dominant market power;

( d ) to be able to control the restrictive agreements and arrangements

among businesses.

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Chapter III

Basic Principles

4. The basic principles of competition are as follows:

( a ) ensuring to lead to the economic developed community in the

Region and State by creating free and fair competition

environment in the market;

( b ) ensuring the businesses to uniform development and enjoy

equally rights through encouragement of fair competition in the

market;

( c ) enabling to protect from the detriment to the interests of the pubic

by manipulation of price;

( d ) ensuring to emerge free and fair competition in each area of

business;

( e ) ensuring to emerge economic community where it can carry out

freely for international, regional and bilateral goods, services,

investment, skilled labour and free flow of capital and to

cooperate in competition network;

( f ) implementing in the market in accordance with the competition

policy;

( g ) encouraging the innovative capability by protecting intellectual

property rights of investors, inventors and producers.

Chapter IV

Formation of the Commission

5. The Government:

( a ) shall form the Myanmar Competition Commission comprising of

an appropriate person of Union level as a Chairman, professionals

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and suitable persons from the relevant Union Ministries,

government departments, government organizations and non-

governmental organizations as members.

( b ) shall, in forming the Commission, designate Vice-chairman and

Secretary out of the members and assign duty.

( c ) may reform the Commission formed under sub-section (a) as

may be necessary.

6. The Commission members who are not civil service personnel are entitled

to enjoy the salary, allowance and emolument allowed by the Ministry.

7. The Commission may independently administer and carry out its

functions and duties in accordance with the economic policies laid down by the

State.

Chapter V

Powers and Duties of the Commission

8. The powers and duties of the Commission are as follows:

( a ) cooperating and coordinating with international, regional

organizations or bilateral countries on competition matters;

( b ) exempting from the compliance of this Law to businesses

essential for the benefit of the State and small and medium

enterprises, if necessary;

( c ) forming committees and working groups according to the

necessity and specifying functions and duties thereof;

( d ) making decision on the matters submitted by the committees and

working groups;

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( e ) specifying necessary forms, procedures and terms and conditions

of application in order to obtain permission to cooperate

businesses or to restrain competition;

( f ) specifying market share, supply, amount of capital, number of

share and magnitude of owned property relating to business

which can cause detriment to competition due to dominance,

purchase, acquisition or merger among businesses of full or

partial ownership of a business by another business;

( g ) specifying and determining market share, supply, amount of

capital, number of share and magnitude of owned property

relating to business which is assumed as monopolization by the

Commission;

( h ) directing to a business or a group of businesses to reduce the

specified magnitude of market share if the ownership of market

share of such business or group of businesses exceeds or is

assumed by the Commission to be exceeding, the stipulated

magnitude that can cause detriment to competition in the market;

( i ) prohibiting by issuing notification of restriction on market share

and sale promotion of any businessman who might monopolize

assumed by the Commission;

( j ) assigning duty to investigate if the Commission suspects that

there is a violation of any prohibitions contained in this Law or if

a concrete complaint has received;

( k ) calling for necessary evidence and data related to competition

from any businessman;

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( l ) calling and inquiring persons concerned to make necessary

inquires relating to competition;

( m ) inviting and discussing with professionals and experts in accord

with the requirement to provide data, explanation, suggestions or

opinions relating to competition;

( n ) seizing the necessary evidence and properties in accord with the

stipulations as exhibits to inspect case by case, and passing

permission order or refusing to return such evidence or property

on bond or revoking the permission;

( o ) scrutinizing report on findings submitted by the Investigation

Committee and directing to prosecute if necessary;

( p ) arranging to grant an accomplice a pardon with conditions if such

accomplice testifies without any concealment before the Court

that he has involved in committing the crime;

( q ) submitting advice to the Government through the Ministry in

respect of matters relating to competition;

( r ) performing the duties relating to competition assigned by the

Government from time to time.

9. The Commission shall report on accomplishment of its performance and

situation of development to the Government quarterly.

10. The Commission shall submit its performance urgently if extraordinary

situation arises.

Chapter VI

Formation of the Investigation Committee and Functions and Duties thereof

11. The Commission:

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( a ) shall form the Investigation Committee comprising minimum of

five members to maximum of nine members. It shall be assigned

as Chairman of the Committee to a suitable person among them.

( b ) in forming under sub-section (a), the Committee members shall

be the persons who have experience and knowledge in

economics, subject, legal subject, commercial subject and other

respective subjects.

( c ) in forming under sub-section (a), the Investigation Committee

members shall not be a person who involved directly or indirectly

in the business matters which shall be investigated.

( d ) may reform the Investigation Committee formed under sub-

section (a),as may be necessary.

12. The functions and duties of Investigation Committee are as follows:

( a ) calling and examining for necessary evidence, document,

financial evidence and concrete statement of reasons and calling

and inquiring necessary witnesses for investigation matters;

( b ) in performing the matters contained in sub-section (a),submitting

to the respective departments and organizations through the

Commission for enabling to take an action if it fails to comply

without concrete reason;

( c ) entering , inspecting and searching, in accordance with Law, the

building , land and workplace of any businessman or person

being investigated or any other person who seems to be involved

in connection with them;

( d ) submitting report on findings of investigation and for enabling

to take necessary action under this Law to the Commission;

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( e ) forming necessary working groups and specifying functions and

duties thereof;

( f ) receiving and vetting reports on findings of investigation by

working groups.

Chapter VII

Act of Restraint on Competition

13. No person shall carry out any of the following acts which cause act of

restraint on competition:

( a ) fixing the price directly or indirectly in purchase price or selling

price or other commercial situation;

( b ) making agreement on restraint on competition in the market;

( c ) abusing by taking chance on the situation of dominance in the

relevant market;

( d ) conducting restraint on market by individual or organization;

( e ) restraining and preventing to share market or resources

provision;

( f ) restraining or controlling on production, market acquisition,

technology and development of technology and investment;

( g ) collusion in tendering or auctioning;

14. The Commission may, by specifying a certain period, exempt in respect

of agreement on restraint on competition which intends to lessen the expense of

consumers if it is inclusive in any of the following matters;

( a ) reforming formation and type of any business to improve the

capability of business;

( b ) upgrading of technology and technology level in order to improve

the quality of goods and services;

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( c ) ensuring to be uniform development of technological standards

and quality level of different products;

( d ) ensuring to be uniform in the matters of carrying out business,

distribution of goods and payment not concerned with price or

facts related to price;

( e ) ensuring to raise competitiveness of small and medium

enterprises;

( f ) ensuring to raise competitiveness of Myanmar businesses in the

international market.

Chapter VIII

Monopolization on Market in Competition

15. No businessman shall carry out any of the following acts which cause

monopolization on market:

( a ) controlling on purchase price or selling price 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 price controlling;

( c ) suspending or reducing or restraining services, production,

purchasing, distribution, transfer or import without any

appropriate reasons or destroying or causing damage the goods to

reduce the quality in order to lessen under the demand;

( d ) controlling and restraining the area where goods or services are

traded in order not to enter other businessmen into the market and

to control market share;

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( e ) interfering in carrying out business of other person without

fairness.

16. The businessman may, with the permission of the Commission in order to

have an effect on the maintenance of the situation of another business or

creation of a new business, perform any of the following matters;

( a ) cooperating with producer, distributor and provider of any other

business;

( b ) purchasing in full or in part of owned properties or shares of any

other business.

Chapter IX

Unfair Competition

17. The acts for the purposes of unfair competition under this law include as

follows;

( a ) misleading of consumers;

( b ) disclosing business secrets;

( c ) coercing of businessmen to each other;

( d ) defaming of the reputation of another business;

( e ) disturbing the operation of another business;

( f ) advertising and sale promotion for the purpose of unfair

competition;

( g ) discriminating among businessmen;

( h ) selling goods at price lesser than production cost or cost,

insurance and freight (CIF) in the market;

( i ) abusing influence of his business, inducing or instigating of a

party under contract with other businesses to breach the contract;

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( j ) exercising unfair competitive act in competition stipulated by the

Commission for the interests of consumers when necessary.

18. No businessman shall carry out any of the following acts which mislead

the consumers:

( a ) carrying out with intention to compete with the use of deceptive

information which mislead the legally registered name of goods,

business slogan, logo, packaging, geographical indication and

other elements.

( b ) carrying out business such as production of goods and services by

using the information contained in sub-section (a).

19. No businessman shall, in respect of disclosing secrets of any other

business, carry out any of the following acts;

( a ) infringing security measures protected by the lawful owners of

business secrets in accessing and collecting of business secrets

and information related to such secret;

( b ) using or revealing information of business secret without

permission of lawful owner of such business;

( c ) deceiving a person with an obligation to maintain secrets or

abusing the confidence of such person in accessing, collecting,

collecting or revealing of business secrets and information related

to such secrets;

( d ) leaking business secrets and procedures of products distribution

owned by other persons who conduct systematically in

accordance with the Law;

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( e ) leaking economic information by infringing security measures

exercised by the State-owned organization;

( f ) carrying out business activities or applying business licence or

distributing goods by using information contained in sub-

section(e).

20. No businessman shall coerce consumers or partners of other business by

threatening or compelling them not to transact or to cease the transaction with

such business.

21. No businessman shall broadcast false information directly or indirectly in

order to damage the reputation, financial situation or business operation of other

businesses.

22. No businessman shall obstruct or disrupt other businesses directly or

indirectly.

23. No businessman shall, for the purpose of unfair competition, carry out

any of the following advertising acts:

( a ) comparing directly goods or services of a business with those of

the same type of other business;

( b ) misleading customers by imitative advertising of the goods of

others;

( c ) broadcasting false or misleading information to the customers on

one of the following matters;

( 1 ) price, quantity, quality, utility, designs, varieties,

packagings, date of manufacture, durability, origin,

manufactures, place of manufacture, processors or place

of processing;

( 2 ) usage, service,warranty period;

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( 3 ) other false or misleading information;

( d ) other advertising activities prohibited by any existing Law.

24. No businessman shall carry out any of the following acts which cause

unfair competition;

( a ) organizing a sale promotion with intend to mislead;

( b ) discriminating among customers in the same promotional

campaign;

( c ) exercising other promotional ways prohibited by any existing

Law.

25. No businessman shall carry out any of the following acts which causes

discrimination:

( a ) causing obstruction in competition by refusing of permission to

join his organization or to leave a business although it meets the

specified qualifications;

( b ) restricting objectives and activities of a business involving in

business organization without concrete reasons.

26. No businessman shall sell his goods competitively in the market at price

lesser than production cost of such goods or at price lesser than cost, insurance

and freight (CIF) if it is imported goods in order to lessen competitiveness of

other businesses.

27. No businessman shall, by abusing influence in the market, carry out any

of the following acts;

( a ) selling the goods or providing services at price lesser than

production cost or cost, insurance and freight (CIF) in order to

cause competitors to leave the market;

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( b ) causing to the detriment of consumers by sale or purchase the

goods or services at unreasonable price to market price or by

fixing sale price for retailers;

( c ) controlling the production, distribution of goods and providing

services; restraining the market; obstructing the development of

science and technology; and causing the detriment of consumers;

( d ) laying down non-uniform commercial terms and conditions

within the same market in order to cause unfair competition;

( e ) laying down unfair terms and conditions upon other businesses in

concluding contracts regarding goods and services or coercing to

accept obligations which are not related directly to such contracts;

( f ) preventing entering of new competitiors into market by unfair

means;

( g ) refusing or allowing discriminately the use of main infrastructures

or rare resources owned or utilized by oneself in order to prevent

entry of new competitiors into the market.

28. No businessman shall persuade or induce a person or a business who has

concluded a contract with other businesses to breach such contract before the

expiry of contract term.

29. No businessman shall import goods into market through unfair means and

sell such goods at price lesser than market price.

Chapter X

Collaboration among Business

30. In collaboration among business the following acts are included:

( a ) merger of businesses;

( b ) consolidation of businesses;

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( c ) purchasing or acquisition of other business by a business;

( d ) joint-venture of businesses;

( e ) performing other means of collaboration among businesses

specified by the Commission.

31. No businessman shall, in performing the acts contained in section 30,

collaborate which enable to cause the following situations;

( a ) collaboration intends to raise extremely the dominance over

market within a certain period;

( b ) collaboration intends to decrease competition for acquiring the

market which is a sole or minority of businesses.

32. No collaboration of business shall be carried out if the combined market

share of business collaboration is exceeded to the market share specified by the

Commission.

33. Any prohibited collaboration of business or prohibition under section 31

may be exempted in the following circumstances;

( a ) where the business, after collaboration as per section 30 is still in

the size of small and medium enterprise specified under any

existing law;

( b ) where one or more of businesses involved in business

collaboration is or are at the risk of being collapsed or of

becoming bankrupt;

( c ) where collaboration among businesses is in the circumstance that

effect on the promotion of export or in the circumstance that

supports the development of technique and technology or that

establishes entrepreneurial business.

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Chapter XI

Taking Administrative Action and Appeal

34. The Committee may take the following one action or more than one

action upon a businessman who violates the orders, directives and procedures

issued under this Law:

( a ) warning;

( b ) imposing specified fine;

( c ) coordinating with relevant Ministries to close the operation of

business temporarily or permanently.

35. Any person who dissatisfies the order or decision passed by the

Committee may appeal to the Commission within 60 days from the receiving

date of such order or decision.

36. ( a ) The Commission may confirm, amend or cancel the decision of

the Committee when it is appealed under section 35.

( b ) The decision of the Commission under sub-section (a) shall be

final and conclusive.

37. In default of payment of fine specified under sub-section (b) of section

34, it shall be collected as arrears of income tax.

38. The administrative action passed under this Law shall not prohibit taking

criminal action or civil action.

Chapter XII

Offences and Penalties

39. Any person who violates the prohibition contained in section 13 shall,on

conviction,be punished with imprisonment for a term not exceeding three years

or with a fine not exceeding one hundred and fifty lakhs Kyat or with both.

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40. Any businessman who violates the prohibitions contained in section 23,

section 24 or section 29 shall, on conviction, be punished with imprisonment for

a term not exceeding three years or with fine not exceeding Kyat one hundred

and fifty lakhs or with both.

41. Any person who violates the prohibitions contained in section 15, section

19, section 22, section 26, section 27, section 31 or section 32 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.

42. Any person who violates the prohibitions contained in section 18, section

20, section 21, section 25 or section 28 shall, on conviction, be punished with

imprisonment for a term not exceeding one year or with fine not exceeding Kyat

fifty lakhs or with both.

43. Any person who fails without any concrete reason to apply to the request

of the Investigation Committee to submit any evidence, document or financial

evidence or to appear for the examination as witness for investigation under this

Law shall be punished, on conviction, with imprisonment for a term not

exceeding three months or with fine not exceeding Kyat one hundred thousand.

44. Notwithstanding contained in any existing law, the matters related to any

provision contained in this law regarding competition shall be carried out by this

Law.

Chapter XIII

Miscellaneous

45. Commission shall hold the meetings in accord with the stipulations.

46. Any member of the Commission who is not a Civil Service Personnel or

Investigation Committee shall be deemed as public servant defined in section 21

of the Penal Code when performing the duties contained in this Law.

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47. In prosecuting under this Law, prior sanction of the Commission shall be

obtained.

48. The Ministry may appoint and assign a suitable officer as a collector to

collect the specified fine contained in sub-section (b) of section 34.

49. If a person prosecuted is a business organization under this Law, the

responsible person of such organization shall be prosecuted together with such

business organization if he is unable to prove that the offence is committed

without his knowledge or with due diligence to prevent the offence and such

responsible person shall be deemed as jointly guilty for such offence if such

organization is convicted.

50. The offences contained in this Law are determined as the cognizable

offences.

51. An aggrieved person may also sue any person being convicted in civil

action for his loss under this law.

52. The Commission may coordinate with respective Courts and Law Offices

in accord with the existing laws to grant a pardon to a person as a leniency who

discloses that he participated in violation of section 13.

53. When granting leniency by the respective Court, the different leniency

may be granted depending upon the cooperation time and cooperation condition

of any businessman.

54. The Ministry shall:

( a ) take responsibility for the office work of the Commission,

Committees and the Working Groups;

( b ) bear the expenses of the Commission, Committees and working

groups.

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55. Any member of the Commission or of the Investigation Committee or of

the Working Group or a Civil Service Personnel shall not be sued in criminal or

civil action or by any other means if it is a concrete evidence that he or she

exercises the power conferred under this Law in good faith.

56. In implementing the provisions contained in this Law:

( a ) the Ministry may issue necessary rules,regulations and by-laws

with the approval of the Government.

( b ) the Commission may issue necessary notifications, orders,

directives and procedures and the Committee may issue necessary

orders and directives.

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I hereby sign under the Constitution of the Republic of the Union of Myanmar.

Sd/ Thein Sein

President

Republic of the Union of Myanmar


Legislación Es implementado por (1 texto(s)) Es implementado por (1 texto(s))
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