As Nepal’s markets grow and integrate with the global economy, competition (antitrust) law has become increasingly relevant for businesses. Nepal’s Competition Promotion and Market Protection Act (and related regulations) aim to prevent anti-competitive practices such as cartels, abuse of dominant position, market allocation, and unfair trade practices like black-marketing. Because these laws are relatively new, there is still limited awareness among businesses, and enforcement precedents are gradually emerging. Nevertheless, regulators are empowered to investigate and penalize violations, and companies must be vigilant in ensuring their business strategies – including pricing, distribution agreements, and mergers – do not inadvertently run afoul of competition rules. Breaches can result in legal actions, fines, and lasting reputational damage.

Gandhi & Associates has significant expertise in Nepal’s developing competition law regime. We advise clients on designing and conducting their operations in compliance with antitrust laws, helping them review distribution agreements, rebate programs, or joint venture arrangements for any competition law risks. Our team conducts compliance trainings and audits to educate management and staff about permissible conduct under Nepali competition regulations. We also represent clients in competition-related proceedings: defending companies under investigation for alleged anti-competitive behavior, and conversely, representing businesses harmed by a competitor’s unfair or monopolistic practices. In matters ranging from merger control filings to litigation over market misconduct, we combine an understanding of local law with insights from international antitrust principles to effectively protect our clients’ interests.

Representative Experience:

• Represented a multinational wellness products company in a precedent-setting case under Nepal’s competition law, successfully defending against allegations of black-market distribution and profiteering without imposition of penalties;
• Defended several cement manufacturers in court proceedings following public accusations by a provincial minister concerning alleged cartelization and price-fixing; and
• Advised multiple domestic and foreign companies on competition compliance, including review of distribution agreements and pricing practices to ensure alignment with the Competition Promotion and Market Protection Act.