Asia Pacific Competition Highlights.

 

Welcome to this 2018-2019 annual issue of our Asia Pacific Competition Highlights. We have prepared a practical overview of the most notable competition law developments to date that may affect your business operations in the region.

 

In this issue:

 

Australia:

 

• Australian authority pushes for record penalties
• First criminal cartel charges launched against individuals
• ACCC faces court challenge for opposing telecommunications merger
• Calls for more ACCC powers and closer scrutiny of digital platforms

 

China

 

• Four transactions refiled at SAMR request conditionally cleared
• Interim rules on monopoly and abuse of market power published
• SAMR strengthens enforcement against gun-jumping
• Recent SAMR ruling expands abuse of dominance factors

 

Hong Kong

 

• Competition Tribunal establishes key principles in first two landmark cases
• Individuals in the firing line as Commission ups enforcement ante
• HKCC provides guidance on information exchange in decision on sales survey

 

Indonesia

 

• Amendments to Antimonopoly Law unlikely this year
• Enforcement ramps up against late filings
• Cartel actions continue
• Investigation opened into ride-sharing industry

 

Japan

 

• Japan to introduce new leniency regime 
• Draft amendments to merger review guidelines and policies announced
• JFTC looks to strengthen antitrust regulations in digital markets

 

Malaysia

 

• Merger control regime formalised for telecommunications sector
• MyCC's landmark antitrust decisions upheld by the High Court
• Antitrust guidance on IP rights issued
• MyCC proposes USD 21 million fine for abusive practices by ride-sharing operator

 

Myanmar

 

• Myanmar establishes Competition Commission

 

Philippines

 

• PCC resolves its first case on abuse of dominance
• Authority can now carry out dawn raids

 

Singapore

 

• Three hotel operators fined for exchange of sensitive information
• CCCS accepts additional voluntary commitments from lift spare parts suppliers
• Merger of clinical laboratory service companies conditionally approved

 

Taiwan

 

• Competition authority reverses infringement decision
• Government watchdog finds TFTC negligent in handling of Qualcomm settlement
• Ready-mix concrete suppliers fined USD 1.9 million for price-fixing

 

Thailand

 

• Independent Trade Competition Commission established in October 2017
• Antitrust regulations issued in end of 2018
• Agency guidance documents issued
• Authority imposes first fines

 

Vietnam

 

• Vietnam strengthens competition law with new amendments
• Guidance on implementation of new antitrust law yet to be issued
• New penalty rules for antitrust violations take effect 1 December 2019