| Afghanistan (Last
updated 21/04/08) |
All Asian countries
|
Overview
(General Information) |
No
information available |
Legislation
(Legal Acts-Regulations-Resolutions) |
No
competition law yet in force
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
No
information available |
| News |
No
information available |
| Contact
Information |
Minister
of Commerce
Contact person:
Abdul.Hamid.Rahimi, secretary to the Minister
Postal
address
Ministry of Commerce
Darluman Road
Kabul, Afghanistan
Fax: +93 (0) 20 2500 356
E-mail: info@commerce.gov.af
|
| Competition
Authority Website(s) |
Minister
of Commerce
|
| |
|
| Azerbaijan (Last
Updated 21/04/08) |
All Asian countries
|
Overview
(General Information) |
Azerbaijan
regulates competition policy with a system comprizing various legislative
texts. The major laws dealing with competition issues are:
- the Law on
Antimonopoly Activity no. 526 of 1993 which was amended by Law 381-IGD
of October 10, 1997
-the law on
Natural Monopolies No 590-IG of December 15, 1998
-the Law on
Unfair Competition No 62.Law No. 1049 June 2, 1995
-the Law on
Protection of Consumer Rights.
From
Competition Law Database
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Law
of the Azerbaijan Republic About Antimonopoly Activity, Law No.
526 of April 3, 1993, amended October 7, 1997
Law
on Natural Monopolies
Decree
of 1999 on Application of the Law on Natural Monopolies (In
Russian)
Decree
of 2001 on Additional Measures for Implementation of the law on
Natural Monoplies (In Russian)
Amendments
of 1997 to the Law of Anti-Monopoly Activities (In Russian)
Amendments
of 2001 to the Law of Anti-Monopoly Activities (In Russian)
Amendments
of 2003 to the Law on Unfair Competition (In Russian)
Amendments
of 2004 to the Law of Anti-Monopoly Activities (In Russian)
Competition and Antimonopoly Law
contributed
by LexInfoSys
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
Partnership
and Cooperation Agreement between the European Communities and their
Member States, of the one part, and the Republic of Azerbaijan, of
the other part, OJ L 246, 17.9.1999, p. 3 |
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
No
information available |
| News |
No
information available |
| Contact
Information |
Ministry
of Economic Development
23,
Niyazi Street,
AZ1066,
Baku,
Azerbaijan
Telephone:
(99412) 492 41 10
Fax: (99412) 492 58 95
E-mail: office@economy.gov.az
Department
of Antimonopoly Policy
Tel:
(99 412) 437 3737
Fax: (99 412) 437 2727
E-mail: office@antimonopoly.az
State Committee on Antimonopoly Policy & Support for Enterpreneurship
of Azerbaijan Republic
S.Askerova
st. 85
370002 Baku
Azerbaijan
Tel: (994 12)957972
Fax (994 12)946951
|
| Competition
Authority Website(s) |
Ministry
of Economic Development
|
| |
|
| Bahrain (Last
updated 21/04/08) |
All Asian countries
|
Overview
(General Information) |
Various
laws and regulations in Bahrain provide the Consumer Protection
Department with authority to act on issues which effect the integrity
of the market in general, and the consumers and merchants in particular.
The Department intervenes to assist both consumer and merchants
to resolve any disputes and is currently active in promoting consumer
awareness and the development of an overall strategy to address
consumer affairs in the new millennium, taking into account new
issues such as e-commerce.
by
the Bahrain Chamber of Commerce and Industry
|
Legislation
(Legal Acts-Regulations-Resolutions) |
No
competition law yet in force. However, there are some provisions
in the Constitution, and the Law of Commerce, which deals with this
aspect. Article 117 of the Constitution stipulates that any monopoly
shall only be awarded by law and for a limited time.The Law of Commerce
(Article 59 to 64) which is applicable to traders and to all commercial
activities undertaken by any person, even though he is not a trader,
has a section on unfair competition. This section gives protection
to the owner of a trade name and trademark, prohibits a trader from
resorting to fraud and cheating when marketing his goods and further
prohibits him from disseminating false or misleading information
or using methods with regard to the origin/description of his goods
or importance of his trade or his credentials which might have damaging
effects on his competitor or might attract the customers of his
competitor. It also prohibits a trader from inducing the workers
or employees of his competitor to assist him in attracting his rival's
customers or to leave their employment with a view to learning the
secrets of his competitor. It further prohibits any person engaged
in the business of supplying information to commercial houses about
conditions of traders from supplying untrue statements about the
behavior or financial standing of a trader.
|
| Guidelines |
No
information available
|
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
informationa available |
Publications
(Papers-Reports- Speeches-Bulletins) |
No
information available |
| News |
News |
| Contact
Information |
Bahrain
Chamber of Commerce and Industry
P.O.
Box 5479
Diplomatic area, Manama, Bahrain
|
| Competition
Authority Website(s) |
Bahrain
Chamber of Commerce and Industry |
|
|
|
| Bangladesh (Last
updated 21/04/08) |
|
Overview
(General Information) |
No
information available |
Legislation
(Legal Acts-Regulations-Resolutions) |
Monopolies and Restrictive Trade Practices (Control and Prevention)
Ordinance is in force since 1970 (-forthcoming-)
Bangladesh
has adopted in general all the legislations of East Pakistan but
has not adopted the one on competition. The Bangladesh Government
is believed to be considering a competition law for the country.
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
Competition
Law and Policy in Bangladesh
|
| News |
News |
| Contact
Information |
Dhaka
Chamber of Commerce and Industry
DCCI
Building
65-66 Motijheel C/A
Dhaka _ 1000
Bangladesh
Tel:
880-2-9552562
Fax : 880-2-9560830
E-mail : dcci@bangla.net, dcci@gononet.com
Web Site : http://www.dhakachamber.com
|
| Competition
Authority Website(s) |
|
|
|
|
| Brunei Darussalam (Last
updated 21/04/08) |
All
Asian countries |
Overview
(General Information) |
No
information available |
Legislation
(Legal Acts-Regulations-Resolutions) |
No
competition law yet in force. Whilst there is no specific legislation
pertaining to all aspects of competition, there is an act entitled:
The Monopolies Act, Cap. 73 of the Laws of Brunei. This Act has
been in existence since 1932 and has so far not been used or updated.
Brunei Darussalam is at this stage considering how to properly implement
the regulation of competition from the grassroots level upwards.
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
Papers
& Speeches
Mr.
Pengiran Mohammad, Competition Advocacy in Brunei Darussalam, International
Division, Attorney General's Chamber
|
| News |
No
information available |
| Contact
Information |
The
Brunei Darussalam International Chamber of Commerce and Industry
P.O
Box 2285
Bandar
Seri Begawan
Brunei
Darussalam
Tel:
+ (673) 2 226000
|
| Competition
Authority Website(s) |
No
information available
|
|
|
|
| Burma (Last
updated 21/04/08) |
All Asian countries
|
Overview
(General Information) |
No
information available |
Legislation
(Legal Acts-Regulations-Resolutions) |
No
competition law yet in force
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
Khin Ohn Thant, Asean Conference on Fair Competition law and Policy
in the Asean Free Trade Area Competition Policy and Economic Growth
in Asean Countries: A Myanmar’s Perspectives; February 2003 |
| News |
No
information available |
| Contact
Information |
No
information available
|
| Competition
Authority Website(s) |
No
information available
|
| |
|
| Cambodia (Last
updated 21/04/08) |
All
Asian countries |
Overview
(General Information) |
No
information available |
Legislation
(Legal Acts-Regulations-Resolutions) |
Law
Concerning Marks, Trade Names and Acts of Unfair Competition date
February 7, 2002, translated into English by the Ministry of Commerce
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
Mr.
Pich Rithi, Deputy Director-General, Ministry of Commerce Competition
Awareness and Attitude in Cambodia
Publications
from Economic Institute of Cambodia
|
| News |
No
information available |
| Contact
Information |
Ministry
of Commerce
Internal
Trade Department
20 A, 2nd floor, Norodom Boulevard, Phnom Penh, Kingdom of Cambodia.
Telephone : +855-23-360482
Fax : +855-23-426396
E-mail: itd@gocambodia.com
|
| Competition
Authority Website(s) |
|
|
|
|
| China (Last
updated 23/04/08) |
All
Asian countries |
Overview
(General Information) |
On
30 August 2007 the Chinese Government introduced the country’s first
antitrust law which will come into effect on 1 August 2008, more
than a decade after the government began drafting its anti-monopoly
legislation. The Standing Committee of the National People’s Congress
‘adopted the anti-monopoly law to ensure fair competition and regulate
market order’. It is said that much of the new law mirrors legislation
found in advanced competition regimes such as the United States
and Europe.
It
will establish a two tier enforcement regime which includes the
Anti-monopoly Commission and will act as a steering committee to
formulate competition guidelines. It will also supervise the Anti-Monopoly
Enforcement Authority, which will conduct investigations.
(Source:
Global Competition Review)
Competition
Policy in China by APEC Competition Policy and Law Database
|
Legislation
(Legal Acts-Regulations-Resolutions) |
China
is currently in the process of enacting its first Anti-monopoly
legislation which is expected to come into force on 1 August 2008.
Anti-Monopoly
Law of The People’s Republic of China (Draft - April 8, 2005)
Regulation on Anti-dumping and Anti-subsidy
of the People's Republic of China
Interim
Regulations for Merger and Acquisitions of Domestic Enterprises
by Foreign Investors, March 7, 2003
Interim
Regulations for Restructuring of State Owned Enterprises Utilizing
Foreign Investment, November 8, 2002 (-forthcoming-)
Tender
Invitation and Bid Law, August 30, 1999 (-forthcoming-)
Price
law, December 29, 1997
Regulations
Against Unfair Competition Acts in the Civil Air Transportation
Market
(Promulgated by the General Administration of Civil Aviation of
China Order No. 47 on February 27, 1996)
Law of the People's Republic of China for
Countering Unfair Competition, 1993
Circular
on Breaking Inter-Regional Market Blockades and Further Vitalizing
Comodity Circulation, November 10, 1990 (-forthcoming-)
|
| Guidelines |
Certain
provisions of the Prohibitions against Acts of Infringement on Business
Secrets
Certain
provisions of the Prohibitions against Unfair Competition Acts of
Passing Off Names, Packaging or Decoration Peculiar to Well-Known
Goods
Certain
Provisions on the Prohibition against Unfair Competition Acts in
Activities of Sales with Attached Prizes
Certain
Provisions on the Prohibiting Public Utility Enterprises from Committing
Restrictive Acts against Competition
|
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
Terms
of reference of the EU-China Competition Policy Dialogue
|
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available
|
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
New
Chinese Anti-Monopoly Law,
Peter J. Wang, October 2007
China
Watch: The new Antimonopoly Law and its Impact on Foreign M&A
Transactions,
1 November 2007, Thelen Reid Brown Raysman & Steiner LLP
China
finally enacts Anti-Monopoly Act, Freshfields Bruckhaus Deringer,
September 2007
Nathan
Bush, Chinese Competition Policy, It takes more than a law, China
Business Review,
May 2005
Jiao
Xiaoyang, Draft law aims to hold back monopolies, China Daily
2005
Country
fighting against monopolies, China Daily 2005
Peter
J Wang and Wang Cheng, Chinese merger control, The Asia Pacific
Antitrust Review 2004 – a GLOBAL COMPETITION REVIEW special report
Mr. Wang Yang, The Status Quo of China's Antimonopoly Legislation
and the Necessity of International Cooperation, Department of
Treaty and Law, Ministry of Commerce, P.R.China
Bruce
M.Owen, Su Sun and Wentong Zheng, Antitrust in china: The
Problem of Incentive Compatibility, Joint Center September 2004
Yan
Yang, Ministry sets up anti-monopoly office, China Daily
2004
Dai
Yan, Making of anti-trust law is speeded up, China Daily
2004
Dai
Yan, Drafting of Antitrust Law Accelerated, China Yearbook
2003-2004
China`s
top legislature unveils five-year lawmaking plan, People's Daily
Online, December 18, 2003
Peter
Neumann and Jackson Guo, The Slow Boat to Antitrust Law in China,
2003
OECD
Global Forum on Competition, The Objectives of Competition Law
and Policy and the Optimal Design of a Competition Agency-China-
2003
|
| News |
China consults
on mergers regulation, 2 April 2008, Global
Competition Review
China's
State Council has issued draft merger control regulations for consultation
in advance of the country's anti-monopoly law entering into force.
The regulations, published on Thursday, are the first in a series
of guidelines expected before the law becomes active in August.
The draft provides details on the thresholds for merger notification,
as well as procedural information on the documentation required.
Calls
for single anti-monopoly agency, 14 December 2007, China Daily
China-
Anti-Monopoly Law Receives Second Reading, 25 June, 2007
Yesterday
the Standing Committee of the National People's Congress read the
draft Anti-Monopoly Law for the second time.
The
draft has been amended since the first reading to include provisions
regarding a review of mergers and acquisitions with regard to security
considerations. The Chinese version of the article on this topic
specifically mentions the concern expressed in the U.S. regarding
the proposed acquisition of Unocal by a Chinese company. This aspect
does not appear in the English language news stories.
In
addition it has been suggested that the draft be amended by adding
specific examples of abuse of dominant position; such as predatory
pricing, refusal to deal, market restrictions, and bundling. The
provisions regarding administrative monopolies have also been added
back into the draft. It has also been suggested that provisions
regarding industry associations promoting self-regulation be expanded.
And finally amendments are proposed to focus on restrictive effects
when implementing the law.
The
competing concerns regarding foreign investment were discussed recently
in an English
language weekly. There has also been discussions in the press
regarding monopoly enterprises (often state owned firms, often utilities)
paying higher than normal wages; see:
What
does not appear to have been added to the law (or at least not
mentioned) are any additional provisions regarding the anti-competitive
use of intellectual property rights. This has recently come up for
discussion in the Chinese
English language press. At the end of the article it is suggested
that the US and China should take special care in:
- Balancing
protecting sovereignty and being a responsible stakeholder – meaning
the economic and social development must be considered when talking
about IP protection;
- Balancing
the promotion of creativity and competitiveness; and
- Balancing
the interests of the IPR owners and that of society as a whole.
Both the violation of IPRs and the violation of the public interest
by IPR holders should be opposed.
Reports
from the National People's Congress Web Site:
http://www.npc.gov.cn/zgrdw/common/zw.jsp?label=WXZLK&id=367590&pdmc=110106
(in Chinese)
http://www.npc.gov.cn/zgrdw/english/news/newsDetail.jsp?id=220101&articleId=367522
(in English)
|
| Contact
Information |
Antimonopoly
Division of Fair Trade Bureau of State Administration for Industry
and Commerce of People's Republic of China
8 Sanlihe Donglu, Western District
Beijing, 100820
P.R. CHINA
Tel: +86 10- 851 2791; 851 3978; 68032233-5506; 68522771; 68531133;
68010463
Fax: +86 10- 851 3394; 851 3978; 68013978; 68570848
Department
of International Trade and Economic Affairs
Ministry of Foreign Trade and Economic Cooperation
of People's Republic of China (MOFTEC)
2 Dongchang an Street
Beijing, 100731
P.R. CHINA
Tel: +86 10- 513 5533, ext.466
Fax: +86 10- 513 6824
|
| Competition
Authority Website(s) |
State
Administration for Industry and Commerce (SAIC)
|
| |
|
| Hong Kong (Last
updated 16/05/08) |
All
Asian countries |
Overview
(General Information) |
In
March 2007, the Hong Kong government published a report recommending
competition regulation and the establishment of a competition committee.
The report proposed the main areas of competition law to be addressed,
including setting up a competition commission, defining anticompetitive
behaviour - including provisions for leniency programmes - establishing
penalties, and exempting behaviour that is beneficial to wider public
interest.
As
of 6 May 2008, the Hong Kong government have now announced that
it will introduce legislation that would set up a competition law
and establish an independent commission.
Public
Consultation on the Proposed Competition Law, May-August 2008
Hong
Kong - Overview by
Competition Policy Advisory Group (COMPAG)
Statement
on Competition Policy by COMPAG
At
present, competition issues, including complaints of anti-competitive
conduct, are examined by the relevant government policy bureau or
department, or by the Trade Practices Division of the Consumer Council,
an independent government funded consumer body. The Competition
Policy Advisory Group is a high level government committee that
reviews competition issues that have substantial policy or systemic
implicacions, refered to it by the relevant government bureau or
department, or by the Consumer Council.
|
Legislation
(Legal Acts-Regulations-Resolutions) |
On
6 May 2008, the Hong Kong government announced that it would introduce
legislation that would set up a competition law and establish an
independent commission to investigate anti-competitive practices
in an effort to bring its policies in line with global practice.
The
legislation would be similiar to that of the UK's.
Under
the proposals, a cross-sector competition law would be established
to cover four “hardcore” anti-competitive conducts – price-fixing,
bid-rigging, output restriction and market allocation.
A commission would be set up to look into complaints of anti-competitive
behaviour. It would also have the power to apply civil remedies,
including fines of up to HK$10m ($1.3m, €820,000, £650,000).
A tribunal would be formed to hear applications for reviews of the
commission’s decisions and private actions taken by anyone who has
suffered losses or damages because of alleged antitrust conduct.
Its
proposals still need to be approved by Hong Kong’s legislative council
and the government will introduce a bill only after a three-month
public consultation. Whether any law is likely to pass the council
remains unclear with all 60 members of the legislature up for re-election
in September.
(Source:
The
Financial Times)
No
competition law yet in force. At present, the only competition related
provisions, similar to those found in other jurisdictions are the
prohibitions against anti-competitive conduct found in the Telecommunications
Ordinance, and those in the Broadcasting Ordinance. These are administered
by industry specific regulatory licensing authorities.
Section
7K of the Telecommunications Ordinance headed "anti-competitive
practices" provides that a licensee shall not engage in conduct
which, in the opinion of the Authority, has the purpose or effect
of preventing or substantially restricting competition in a telecommunications
market. Similarly, s13 of the Broadcasting Ordinance provides that
"... a licensee shall not engage in conduct which, in the opinion
of the Broadcasting Authority, has the purpose or effect of preventing,
distorting or substantially restricting competition in a television
programme service market". The enfoercement powers are vested
in the Telecommunications authority, which can issue directions
addressed to the parties and impose financial penalties.
A
proposed new Anti-Monopoly law has been mooted by the Government
stirring up a lot of debate in the country
|
| Guidelines |
Office
of the Telecommunications Authority Draft Competition Guidelines
(7 May 2007)
Guidelines
to the application of the competition provisions of the broadcasting
ordinance (16 February 2001)
Model
code: Consumer Council Good Corporate Citizen's Guide
Guidelines
to maintain a competitive environment and define and tackle anti-competitive
practices
|
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
No
information available |
| Press
Releases |
Consumer
Council Press Releases
Press
Releases from Commerce and Economic Development Bureau
|
| Annual
Reports |
Annual
Report 2006-2007
Annual
Report 2005-2006
Annual
Report 2004- 2005
Annual
Report 2003-2004
Annual
Report 2002-2003
Annual
Report 2001-2002
Annual
Report 2000-2001
Annual
Report 1999-2000
Annual
Report 1998-1999
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Public
Consultation on the Proposed Competition Law, May-August 2008
Policy,
reports & consultation papers
(I)
Statement on Competition Policy
(II) Competition
Policy Advisory Group - Report 1998
(III) Competition
Policy Advisory Group Report 1999 - 2000
(IV)
Chief Executive's Commission on Innovation and Technology
First Report
Competition-related
complaints considered by COMPAG since 1 April 2003 (PDF File)
Government
Response to Consumer Council's Report entitled "Competition
Policy: The Key to Hong Kong's Future Economic Success"
Current
Competition Policy Position
|
| News |
Government
issues consultation document for competition law proposals (6
May 2008)
Government
to present competition law bill (11 December 2007)
Hong
Kong SAR has decided to develop a competition law (5
June, 2007)
Hong
Kong issues 'chalk and cheese' Guidelines
(11 May 2007)
Within
a week of each other, Hong Kong's broadcasting and telecoms regulators
have updated their competition guidelines, leaving antitrust specialists
baffled by their apparent inconsistency.
|
| Contact
Information |
Secretary
of COMPAG,
c/o Economic Development and Labour Bureau,
2/F., Main & East Wings, Central Government Offices,
Lower Albert Road, Central, Hong Kong
Tel: + 852 2810 2128
Fax:
+ 852 2868 4679); or
E-mail:
edb@edlb.gov.hk
Trade
Practices Division
Consumer Council
22/F, K Wah Centre
191, Java Road, North Point
Hong Kong
Fax: +852 2856 3611
E-mail: competition@consumer.org.hk
|
| Competition
Authority Website(s) |
|
|
|
|
India (Last
updated 23/05/08) |
All
Asian countries |
Overview
(General Information) |
India’s
new competition law was agreed by parliament in September 2007 and
is now awaiting presidential approval with the view of entering
into force by autumn 2008.
It
is expected that India’s Competition Commission will become fully
operational by the middle of 2008. It will be the country’s market
regulator, and will replace the Monopolies and Restrictive Trade
Practices Commission (MRTPC).
(Source:
Global Competition Review)
Competition
Law Overview by Dr S Chakravarthy, Advisor and Consultant on Competition
Policy and Law.
|
Legislation
(Legal Acts-Regulations-Resolutions) |
After the economic
reforms of the early 1990s, India introduced the Competition Act
2002 as a means of embracing a market driven economy. The previous
Monopolies & Restrictive Trade Practices Act 1969 was considered
to have become obsolete.
In 2006 the remainder of the Competition
Bill was reintroduced in Parliament as the Competition (Amendment)
Bill. It was then referred to the Parliamentary Standing Committee
who made recommendations which led to the Competition (Amendment)
Bill 2007. This Bill was approved by Parliament and it is expected
that the new law will come into force by mid 2008.
(Source:
Mondaq)
The
Competition Act, 2002 No.12 of 2003
The
Competition Act, 2002 as amended by the Competition (Amendment)
Act, 2007
The
Competition Commission General Regulations
The
Monopolies and Restrictive Competition Commission of India (MRTP)
will be dissolved once all the provisions of the new law, namely,
Competition Act, 2002 come into force. Some provisions of said new
law were challenged in a writ petition before the Supreme Court
and, in particular, the provisions relating to allowing non–judicial
persons to be Chairperson/Members. The Supreme Court was informed
by the Senior Counsel for the Government of India that it was proposing
to amend the Competition Act having regard to some of the observations
made by the Bench during the hearing. Upon this, the Supreme Court
disposed of the case stating that it might be appropriate for the
Government ‘to consider the creation of two separate bodies, one
with expertise that is advisory and regulatory and the other adjudicatory’.
All questions raised in the writ petition were kept open by the
Supreme Court to be decided after the amendments to the Act were
carried out. Before the writ petition was filed, Government had
appointed one Chairperson and one Member on the Competition Commission
of India. The Member so appointed assumed office but the Chairperson
did not.
Government is presently actively addressing amendments to
the Competition Act. It is understood that there would
likely to be a two-tier arrangement with the Competition Commission
of India being the first tier with an expert (not necessarily from
the judiciary) heading it and an appellate body being the second
tier with a Member of the judiciary heading it. The amendments are
likely to specify the powers and responsibilities of the two bodies.
Presently the single Member in the CCI is addressing only the advocacy
functions under the Act.
|
| Guidelines |
Company
News and Notes, a journal of the Dept of Company Affairs and Corporate
Law Adviser publish directions and orders of the Dept of Company
Affairs from time to time.
Company
News & Notes - Editorial Office, Dept. of Company Affairs, Govt
of India - Paryavaran Bhavan, 2nd Floor, B-4, CGO Complex, Lodhi
Road, New Delhi-110 003. - Printed and Distributed by - Ravindra
Offset Press - 3-1/1422, Mansarover Park, Shahadra, Delhi-110 032.
- Telephone Nos: 91-11-228 1232, 91-11- 227 8541.
|
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
No
information available
|
| Selected
Cases |
Decisions
and orders of the MRTP Commission are periodically reported in the
following journals:
1.
Corporate Law Adviser - 158, Basant Enclave, Palam Road, New Delhi-110
057. Telephone No. 91-11-507 4615
2.
Consumer Protection & Trade Practice Journal - Kumar Publications
- F-9, South Extension Part-I, New Delhi-110 0049. Telephone Nos.91-11-461
5191, 91-11- 461 9264.
3.
Company News & Notes - Editorial Office, Dept. of Company Affairs,
Govt of India - Paryavaran Bhavan, 2nd Floor, B-4, CGO Complex,
Lodhi Road, New Delhi-110 003. - Printed and Distributed by - Ravindra
Offset Press - 3-1/1422, Mansarover Park, Shahadra, Delhi-110 032.
- Telephone Nos: 91-11-228 1232, 91-11- 227 8541.
4.Brahm
Dutt vs. Union of India
|
| Press
Releases |
Notifications
issued by Government of India
Press
Release by The Press Information Bureau, Government of India, dated
23rd October, 2003
|
| Annual
Reports |
Annual
Report 2001-2002
Annual
Report 2000-2001
Report
of the High Level Committee on Competition Policy & Law (SVS
Raghavan Committee Report)
|
Publications
(Papers-Reports- Speeches-Bulletins) |
"Shifting
Paradigms, Changing Contexts: Need for a new competition law in
India", Rahul Singh, April 2008
"Indian
Parliament Passes Competition Bill", Janna Grandone
Competition
forum of the Competition Commission of India
Speeches/Articles/Presentations
of the Competition Commission of India
|
| News |
Will
the new competition law lead to slowdown in India's corporate deals?,
The Economic Times, 22 February 2008
India
amends M&A Guidelines, Global Competition Review, 23 January
2008
India's
Competition Commission has amended its draft M&A regulations,
which will form part of the country's new competition law. If accepted,
the amendments would introduce provisions to lessen the number of
companies required to undertake merger filings. The commission will
wait to hear comments from the Confederation of Indian Industry
and the Federation of Indian Chambers of Commerce and Industry before
notifying the amendments as official guidelines.
Competition
Bill: Still too many flaws, 7 January 2006
Dipak
Chatterjee’s appointment as CCI chairperson is cancelled as the
Supreme Court objected to his appointment by The
Financial Express November 9, 2003.
Commission
and Omission, The Hindu, November 5, 2003
Competition
Commission not to judge;www.Rediff.com, November 1, 2003.
Government
bid to boost competition advocacy by K.R. Srivats in Business Line,
June 25, 2003
|
| Contact
Information |
Monopolies
and Restrictive Trade Practices Commission
Kota House
Shahjahan
Road
New Delhi 110 011, India
Tel:
+91 11 2338 5977
Fax: +91 11 4349 4125
Chairman
Chairperson
Mr. Justice B K Rathi Vacant
Tel: +91 11 2338 5974
Mr
M.M.K.Sardana
Member
Tel:
+91 11 2338 5301
Mr.
D C Gupta
Member
+91 11 2338 5311
Competition
Commission of India
“B” Wing, 14, HUDCO Vishala,
Bhikaji Cama Place,
New Delhi 110 066, India
Tel: +91 11 2670 1605, +91 11 2670 1600
Fax: +91 11 2610 3859
Chairperson:
Vacant
Mr.
Vinod Dhall
Member
Tel: +91 11 2617 7175
Fax: +91 11 2670 1618
Mr.
Vyasji
Secretary
Tel: Tel: +91 11 2670 1619
Fax: +91 11 2610 3859
Mrs
Usha Nigam
Secretary
Tel:
+91 11 2338 5977
Mr.
M K Chaudhuri
Addl. Registrar
Tel: +91 11 2670 1672
Fax: +91 11 2610 3859
Mr
Ajay Nath
Director
General (Investigation and Registration)
Tel:
+91 11 2338 4326
Mr.
Amitabh Kumar
Director General
Tel: +91 11 2670 1603
Fax: +91 11 2610 3853
For further
information, contact:
Dr S Chakravarthy
Advisor and Consultant on Competition Policy and Law
6-3-864 / 2/B
Sadat Manzil
Begumpet
Hyderabad 500 016
India
Tel: + 91 40 2776 5837 +91 40 2341 3949
Fax:+ 91 40 2776 5836
E-mail: chakravarthy@nic.in;
chakravarthy38@hotmail.com
|
| Competition
Authority Website(s) |
Competition
Commission of India
|
| |
|
Indonesia (Last
updated 23/04/08) |
All
Asian countries |
Overview
(General Information) |
Commentary
by the Government of Indonesia on The Competition law of Indonesia
by United nations Conference for Trade and Development (UNCTAD).
The
Republic of Indonesia's Competition Law & Commission for the
Supervision of Business Competition:Promoting Competition, Protecting
Consumers
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Indonesia
has enacted the antitrust law since 1999 and fully applied in 2000
but the law is in the middle of the reviewing process to amend since
several articles are unenforceable.
Law No.5 Year 1999
concerning Ban on Monopolistic Practices and Unfair Business Competition.
The law was enacted on 5 March 1999 and became effective on 5 March
2000. In order to regulate business competition, an independent
Business Competition Supervisory Commission has been established
by virtue of Article 30 of the same law and further provided in
Presidential Decree No. 75 of 1999 concerning the Business Competition
Supervisory Commission.
Decrees
Presidential
Decree No. 162/M The appointment of the Supervisory Commission for
Business Competition (in Bahasa Indonisia)
Chairman
Decree No. 08/KPPU/Kep/XI/2000
Procedures For Holding Consultation Meeting Of The Commission
Chairman
Decree No. 07/KPPU/Kep/XI/2000
Working Group Of The Business Competition Supervisory Commission
Chairman
Decree No. 06/KPPU/Kep/XI/2000
Ethical Code and Work Mechanism of The Business Competition Supervisory
Commission
Chairman
Decree No. 04/KPPU/Kep/VI/2000
Secretariat Of The Business Competition Supervisory Commission
This decision deals with the establishment of the Secretariat of
the KPPU
Chairman
Decree No. 02/KPPU/Kep/VI/2000
Organization and working procedure for the Secretariat of the KPPU
This decision governs the working procedures of the secretariat
of the KPPU.
Chairman
Decree Number. 01/KPPU/VI/2000
Election procedure for the 2000-2005 service term
This decision governs the procedures of electing the Chairman of
Commissioners
Chairman
Decree Number 05/KPPU /Kep/IX/2000
Procedures for Reporting and Processing Alleged Violation
These are the procedures issued by KPPU to accommodate complaints
from the public.
Business
Competition Supervisory Commission of the Republic of Indonesia.
Decision No. 01/KPPU-L/2000
KPPU v. PT Caltex Pacific Indonesia
|
| Guidelines |
No
information available |
| Forms |
|