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COMPETITION LAW DEVELOPMENTS IN ASEAN

At the ASEAN Economic Ministers Meeting held in August 2006 in Malaysia, an agreement was reached to develop a blueprint for advancing the formation of the ASEAN Economic Community (AEC) to 2015. One of the main objectives of the AEC Blueprint is to achieve a highly competitive economy through the realisation of a single market and production base. The promotion of competition policy and law among the ASEAN member countries has been identified as a key aspect to promoting a competitive regional economy.

STATUS OF COMPETITION POLICY AND LAW IN ASEAN MEMBER COUNTRIES 2010

    A Summary Of ASEAN   Competition Law

  Click here for your Drew & Napier   ASEAN Competition Law Pocket   Guide 2012

ASEAN MEMBER COUNTRY COMPETITION POLICY & LAW

BRUNEI DARUSSALAM

Brunei has not implemented general competition law. The existing Monopolies Act Cap.73 of the Laws of Brunei to regulate the creation of monopolies has never been implemented. Only the telecommunications sector is subject to competition regulation through sectoral laws.

Click here for your Drew & Napier Guide to Brunei Competition Law

CAMBODIA

Cambodia has not implemented general competition law. The Law Concerning Marks, Trade Names and Acts of Unfair Competition contains provisions prohibiting acts of unfair competition. The Ministry of Communications seeks to regulate competition in the telecommunications sector through subsidiary legislation.

Click here for your Drew & Napier Guide to Cambodia Competition Law

INDONESIA

Indonesia regulates all anticompetitive activities through the Law of the Republic of Indonesia Number 5 year 1999 Concerning Prohibition of Monopolistic Practices and Unfair Business Competition (Law No.5/1999). The Commission for the Supervision of Business Competition (KPPU) administers Law No.5/1999.

Click here for your Drew & Napier Guide to Indonesia Competition Law

LAO PDR

Lao has not implemented general competition law. The Decree No.15/PMO that was issued in 2004 to promote a fair business environment has not been implemented. There is presently no sectoral competition regulation.

Click here for your Drew & Napier Guide to Lao Competition Law

MALAYSIA

Malaysia has recently passed its Competition Bill and Competition Commission Bill on 21 April 2010. The Competition Act 2010 is expected to be enforced on 1 January 2012. The communications and multimedia, and the energy industries are carved out from the Competition Act 2010 and are subject to sectoral competition regulation

Click here for your Drew & Napier Guide to Malaysia Competition Law

MYANMAR

Myanmar has not implemented general competition law. Competition principles are contained in The Fundamental Principles and Detailed Basic Principles which form the basis of its recently adopted constitution.

Click here for your Drew & Napier Guide to Myanmar Competition Law

PHILIPPINES

Philippines has not implemented general competition law. Competition issues are addressed by provisions contained within eight different pieces of legislations. Enforcement of these competition provisions is vested with multiple agencies/authorities who regulate the particular industries and goods that fall within their ambit.

Click here for your Drew & Napier Guide to Philippines Competition Law

SINGAPORE

Singapore regulates anticompetitive activities through the Competition Act (Cap. 50B) (Competition Act). The Competition Commission of Singapore (CCS) administers the Competition Act. The telecommunications, electricity and gas, postal, broadcast and print sectors are carved out of the Competition Act and are subject to sectoral competition regulation.

Click here for your Drew & Napier Guide to Singapore Competition Law

THAILAND

Thailand regulates anticompetitive activities through the Trade Competition Act B.E. 2542 (A.D. 1999) (TCA). The Trade Competition Commission (TCC) administers the TCA. The TCA and sectoral competition regulations apply concurrently to certain sectors such as telecommunications

Click here for your Drew & Napier Guide to Thailand Competition Law.

VIETNAM

Viet Nam regulates anticompetitive activities through the Law on Competition No.27/2004/QH11 (Law on Competition). The Viet Nam Competition Administration Department (VCAD) administers the Law on Competition. The Law on Competition is expected to take precedence over sectoral competition regulation, although in practice the VCAD will coordinate with the relevant regulators.

Click here for your Drew & Napier Guide to Viet Nam Competition Law

The Drew & Napier Competition Practice Group will continue to keep a close watch over the competition law developments in ASEAN. Should you like to discuss how these developments may potentially affect you, please feel free to contact us. For the softcopy of the country chapters, please send through your request to complaw@drewnapier.com with your full company details.






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