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Unit 8: Competition Law Enforcement
8.1 Role of Competition Authorities in Enforcement
The enforcement theatre (Unit 2’s actors at work):
- Detection: complaints, leniency applications, market studies, screening (procurement patterns), whistleblowers.
- Investigation: information demands, searches and inspections (the dawn raid), economic analysis.
- Decision: infringement findings with remedies (cease, divest, access) and fines; commitments decisions (the negotiated remedy — the authority binds the conduct without a violation finding).
- Follow-through: monitoring compliance; penalties for breach of commitments.
Nepal’s model: the Competition Promotion and Market Protection Board — inquiry powers, orders, and the penalty framework of the 2063 Act (with the thresholds the Act and notifications fix); the advocacy function (guidelines, market studies) as the soft arm.
8.2 Investigative Powers and Procedures
| Power | Purpose | Safeguards |
|---|---|---|
| Summons / information demands | Documents and answers | Scope limits; legal privilege |
| Search and seizure (dawn raid) | Evidence before destruction | Authorization; counsel present; records |
| Interim measures |
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