Competition and Antitrust Law
We have built real depth in competition and antitrust work, with a working understanding of how Nepal’s competition framework is actually applied. We advise on both sides of the question: businesses that want to stay clear of anti-competitive risk, and businesses that believe a competitor or dominant player has crossed the line.
The Legal Framework
Competition matters are governed primarily by the Competition Promotion and Market Protection Act, 2063 (2007), which prohibits anti-competitive agreements, restrictive trade practices and abuse of a dominant market position. The Act established a Competition Promotion and Market Protection Board to oversee enforcement, with disputes heard before a designated commercial bench. Related conduct such as hoarding and black marketing falls under the Black Marketing and Some Other Social Offences and Punishment Act, 2032 (1975), and consumer-facing unfair trade practices are also addressed by the Consumer Protection Act, 2075 (2018).
Abuse of dominance is broadly defined. A dominant enterprise that uses its position to restrict market access, unfairly disadvantage competitors or distort pricing can fall foul of the Act whether or not there was deliberate intent. That is why advisory work matters here: a practice that looks like ordinary competitive behaviour from the inside can look very different to a regulator or a complaining competitor.
What We Do
- Reviewing agreements and practices: contracts, distribution arrangements and business practices that could be read as restricting market access, fixing prices or allocating markets, reviewed before they become a liability.
- Business practice advisory: guidance on how day-to-day decisions on pricing, distribution and market conduct intersect with competition law.
- Compliance documentation: internal policies, trade practice guidelines and the records regulators or courts will look at if a question arises.
- Legal due diligence: reports focused on anti-competitive risk, particularly in mergers, acquisitions and joint ventures where the resulting entity’s market position could itself raise concerns.
- Litigation and representation: defending allegations of anti-competitive conduct or bringing claims against a competitor’s practices before the courts.
Who We Represent
Manufacturers, distributors and market-leading businesses managing day-to-day compliance, as well as companies going through a merger or acquisition where competition risk must be assessed as part of the deal itself.
