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Korea United Arab Emirates
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Kyrgyzstan Vietnam
Lao PDR Yemen
Lebanon
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Afghanistan (Last updated 01/06/11)

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 01/06/11)

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 01/06/11)

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 01/06/11)
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

The Competition Act, 2008 (Draft)

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)

For a comprehensive competition policy, Jahangir Bin Alam

Competition Law and Policy in Bangladesh

Competition Policy and Consumer Rights: Bangladesh Scenario

 

News

DRAFT COMPETITION LAW WILL BE PLACED BEFORE CABINET BODY SOON
The Financial Express, November 1, 2009

The draft competition law will be placed before the Cabinet Committee on Economic Affairs in November to get it enacted by January next year, Commerce Minister Faruk Khan said.

"Within next three to four months, the nation will have the competition law," the minister said expressing hope that when enacted, a fair competitive market situation will gradually be established in the country.

The minister said this Saturday while inaugurating the first ever course on Competition Policy and Law organized by the United International University (UIU) at its campus. Chaired by UIU Vice Chancellor Dr M Rezwan Khan, the function was addressed among others by Competition Policy Advisor of IFC, Dr Rughvir Shyam Khemani and Pradeep Singh Mehta, Secretary General of Indian NGO ‘CUTS International’, which is conducting training courses.

The commerce minister said the draft competition has been prepared after consulting with all stakeholders including international experts and is expected to perform well to establish fair competition in business.

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 01/06/11) 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 01/06/11)

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 01/06/11) 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
According to sources as on 1 November 2009, Cambodia is not expected to introduce any legislation concerning competition law before 2010. The drafting has started with the help of two experts from France.
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 24/02/11) All Asian countries
Overview
(General Information)

On May 25, 2010, the State Administration of Industry and Commerce ("SAIC"), China published new draft Rules on Monopoly Agreements, Abuse of Dominance, and Administrative Monopolies for public consultations. The first two sets of rules are revised versions of earlier drafts published for comment in April 2009. These rules contain many welcome improvements and guide SAIC's enforcement priorities under China's Anti-Monopoly Law.
Prior to this, on 30 August 2007 the Chinese Government introduced the country’s first antitrust law which came into effect (from 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 antitrust law mirrors legislation found in advanced competition regimes such as the United States and Europe.
It established a two tier enforcement regime which includes the Anti-monopoly Commission and acts as a steering committee to formulate competition guidelines. It also supervises the Anti-Monopoly Enforcement Authority, which conducts investigations.

(Source: Global Competition Review)

Competition Policy in China by APEC Competition Policy and Law Database

 

Legislation
(Legal Acts-Regulations-Resolutions)

 

For the new draft Rules click here (in Chinese)

Anti-Monopoly Law of The People's Republic of China (English)

Anti-Monopoly Law of The People's Republic of China (Chinese)

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

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

 

Guidelines

Procedural Rules by Administration of Industry and Commerce regarding Prohibition of Abuse of Administrative Power for the Purpose of Eliminating or Restricting Competition (June 2009)

Procedural Rules by Administration of Industry and Commerce regarding Investigation and Handling of Cases relating to Monopoly Agreement and Abuse of Dominant Market Position (June 2009)

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

To date, there have over 50 pre-merger notifications filed with the Ministry of Commerce (“MOFCOM”), with unconditional clearances granted in approximately 39 cases. Conditional approvals were granted in 2 cases — Mitsubishi Rayon’s acquisition of Lucite International in April 2009 and the InBev/Anheuser Busch transaction in November 2008. The only merger clearance which has been rejected concerns Coca Cola’s proposed acquisition of Huiyan Juice Group. These three cases will be highlighted in brief.

April 2009: Mitsubishi/Lucite deal approved “with conditions”

In April 2009, China’s anti-monopoly regulator approved Mitsubishi Rayon’s takeover of Lucite International, but levied some conditions on the two companies. These include the sale of half of Lucite’s specialised polymer production, the preclusion of Mitsubishi’s acquisition of any additional producers of methylmethacrylate (the overlap product) or producers of certain downstream products for five years.

March 2009: Coca-Cola purchase of China's Huiyuan fails to pass antimonopoly review

MOFCOM rejected the Coca-Cola/Huiyan transaction due to concerns that Coca-Cola might use its position in carbonated soft drinks to restrict competition in juice beverages through tying, bundling, or exclusive dealing. MOFCOM was also concerned with restricting the competition as the presence of large brands may pose difficulties for potential competition to remove such restrictive effect. In addition, the concentration would reduce the room for small and medium-sized Chinese juice companies to survive, and will have an adverse effect on the structure of competition in the Chinese juice market.

November 2008: MOFCOM approves InBev, AB merger

China's Ministry of Commerce (MOFCOM) approved Belgium brewer Inbev's $52 billion takeover of Anheuser-Busch Cos Inc (AB).

Press Releases

No information available

Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)

Brief note on the recent landmark decision on Chain's Anti-Monopoly Law, by Kexian Ng, August 2009

Antitrust in China, Financial Times Editorial Comment, 4 May 2009

Antitrust in China, by Shang Ming, Director General of the Antimonopoly Bureau at the Ministry of Commerce of the People's Republic of China (IBA Competition Law International, February 2009)

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 Publishes New Draft Rules on Monopoly Agreements, Abuse of Dominance, and Administrative Monopolies (09 June 2010) (available at www.mondaq.com)


China Publishes Revised Draft Rules Explaining Key Anti-Monopoly Law Provisions (02 June 2010) (available at www.mondaq.com)

China's first anti-monopoly law takes effect, 1 August 2008, www.chinaview.cn

China's first anti-monopoly law came into effect on 1 August, 2008. The law, which was proposed 14 years ago and finally received official approval last year from the Standing Committee of the National People's Congress, the country's top legislature, aims to build a uniform, open, transparent market, and to encourage fair competition.

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

State Administration for Industry and Commerce (SAIC)
8 Sanlihe Donglu
Xichengqu
Beijing 100820
P. R. China
Tel: +86-10-68010463/68013447
Fax: +86-10-68010463/68013447
Email: dfa@saic.gov.cn


Competition Authority Website(s)

State Administration for Industry and Commerce (SAIC)

 

   
Hong Kong (Last updated 01/03/11) All Asian countries
Overview
(General Information)

On 17 October 2008, Hong Kong Competition Policy Advisory Group (“COMPAG”) announced that its target is to introduce the competition law bill, which went into public consultation for three months starting on 6 May 2008, in the Legislative Council in the 2008-2009 legislative session. Hong Kong has introduced a new Competition Bill on 2 July 2010.The Bill was tabled in Hong Kong’s Legislative Council on 14 July 2010. Once enforced, the Bill will be known as Competition Ordinance.
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 implications, referred to it by the relevant government bureau or department, or by the Consumer Council.

COMPAG website

Office of Chief Executive “ 2008-09 Policy Address: Embracing New Challenges”

Report on Public Consultation on the the detailed proposals for a competition law

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

Hong Kong Broadcasting Authority

Office of the Telecommunication Authority Hong Kong

Legislation
(Legal Acts-Regulations-Resolutions)

As the new Competition Ordinance Bill has been unveiled, the primary objectives of the Bill are apparent. It appears to prohibit all conducts, including mergers, which prevents, restricts or distorts competition in Hong Kong. The Bill provides for a judicial enforcement model with a Competition Commission and a Competition Tribunal established to enforce the Bill. The two bodies will exercise separate functions to ensure a good system of checks and balances is in place.


The Commission's primary role is to investigate suspected breaches of the CO. The Commission may commence investigations on its own initiative or upon receipt of complaints, or on referral from the Hong Kong Government or a court.


The Tribunal's primary role is to adjudicate on whether breaches of the CO have occurred. The Tribunal will also hear appeals from the Commission on a limited set of matters where the Commission can make binding determinations such as on exemption or exclusion applications. The Tribunal may hear cases brought to it either by the Commission or by private parties. All judges of Hong Kong's Court of First Instance are Tribunal members. The Tribunal will formally be a division of the High Court. The Chief Executive in Council (CE) will appoint a President to lead the Tribunal. Each case will be led by a presiding Tribunal member who will sit with other judicial members. The Tribunal may also appoint one or more assessors or non-judicial persons to assist in the adjudication of cases.

The Bill provides for three different sets of rules governing different practices:

• First Conduct Rule - prohibits undertakings from engaging in agreements, concerted practices or decisions with the object or effect of preventing, restricting or distorting competition in Hong Kong;

• Second Conduct Rule - prohibits undertakings with a substantial degree of market power from abusing that power by engaging in conduct which has the object or effect of preventing, restricting or distorting competition in Hong Kong; and

• Merger Rule - prohibits undertakings from directly or indirectly carrying out a merger that has, or is likely to have, the effect of substantially lessening competition in Hong Kong. The Merger Rule will apply only to undertakings who are licensees in respect of the telecommunications industry only. This is a continuation of the current merger regime applicable to telecommunications licensees in Hong Kong, although as the Government has said, the Merger Rule has been modernised’.

The First Conduct Rule and the Second Conduct Rule are known collectively as the Conduct Rules. The First Conduct Rule, the Second Conduct Rule and the Merger Rule are collectively known as the Competition Rules.

Despite the applicability of the new Bill to a wide range of practices, certain conduct or agreements may be excluded from the application of the Conduct Rules, provided these fall into the categories of conduct and agreements set forth in the exemption and exclusion framework in the Bill.

With respect to Merger Rule, there is only one exclusion. The rule does not apply to a merger if the economic efficiencies that arise or that may arise from the merger outweigh the adverse effects caused by any lessening of competition in Hong Kong.

The Commission can provide for more certainty about the application of exclusions in two ways:

First, the Commission has the power to issue Block Exemptions which exclude categories of agreements from the First Conduct Rule, based on the exclusion ground listed in (1) in the previous table.

Second, if undertakings wish for clarification or greater certainty as to whether their agreements or conduct are exempt or excluded, they would be able to seek clarification from the Commission through a decision process. If the Commission makes a decision that conduct or agreements are excluded or exempt from the application of either or each of the Competition Rules, then those conduct or agreements are immune from any action pursuant to the Bill (including both public and private enforcement action). However, the Commission may rescind a favourable decision if there has been a material change of circumstances since the decision was made or if the information in which it has based its decision was incomplete, false or misleading.

The Competition Rules will not apply to the Government and to statutory bodies in Hong Kong. However, statutory bodies may be brought within the scope of the Competition Rules through regulations. There are some 500 statutory bodies in Hong Kong with very diverse functions. The Government has yet to reveal which statutory bodies could be subject to the Competition Rules.

Powers of the Commission

The Commission will be vested with a full range of investigative powers, including the power to require production of documents and information, the power to require persons to attend an interview before the Commission and the power to enter and search premises under a court warrant. The Commission may only conduct an investigation if it has reasonable cause to suspect a contravention of a Competition Rule. There are criminal penalties for non-compliance with the Commission's investigative powers.

An innovation in the Bill is the power to issue infringement notices to undertakings alleged to have breached Conduct Rules. It can do so if it has reasonable cause to believe that a contravention of a Conduct Rule has taken place; and only if it has not yet brought proceedings in the Tribunal in respect of the alleged contravention. The notice would describe the alleged infringing conduct, the evidence on which the Commission has formed its view and the terms in which the Commission would be prepared to settle the matter, including the payment of a specified amount not exceeding HK$10 million (approximately US$1.3 million). Undertakings who receive the infringement notice could choose not to accept the notice without any adverse inferences being drawn, in which case the Commission could proceed to institute proceedings before the Tribunal. It is likely that the Commission would issue infringement notices in respect of "smaller" or "minor" infringements of the Conduct Rules.

In addition:

• the Commission may accept commitments from a person to take any action or refrain from taking any action that the Commission considers appropriate to address its concerns about a possible contravention of a Competition Rule. If the Commission accepts a commitment, it may agree:

- not to commence an investigation or if it has commenced an investigation, to terminate it; or

- not to being proceedings in the Tribunal or if it has brought proceedings, to terminate them (5); and

• the Commission may also enter into leniency agreements with individuals and corporations who have breached the Bill, but wish to mitigate their penalties by cooperating with the Commission. The Commission cannot bring proceedings against a party which is the beneficiary of a leniency agreement (which could include employees of a company which has made disclosure to the Commission).

Powers of the Tribunal

The Tribunal is vested with the power to apply a full range of remedies for contraventions of the Competition Rules. These include pecuniary penalties not exceeding 10% of the turnover of the offending undertaking; disgorgement orders; awards of damages to aggrieved parties; interim injunctions during investigations or proceedings; injunctions and disqualification orders against directors. The Tribunal may only impose pecuniary penalties on application by the Commission.


Private rights of action

The Bill provides for private actions to be brought by persons who have suffered loss or damage as a result of a contravention of a Conduct Rule. Such private actions:

• could be brought by a private party, following on from a Tribunal determination (i.e. a "follow-on action"); or

• could be brought independently of a Tribunal determination by a private party (i.e. a "stand-alone action").

In relation to follow-on actions, private parties do not need to prove that the breach of the Conduct Rule occurred (but merely that they have suffered loss or damage as a result of the contravention of the Conduct Rule). In relation to stand-alone actions, private parties would need to prove that the contravention of the Conduct Rule occurred, before any loss or damage assessment can be undertaken.
Currently, there are competition law rules and regulations in Hong Kong which apply to licensees in the Telecommunications and Broadcasting industries only. There are transition arrangements in the Bill which provide for the smooth transition of these sector-specific competition laws to the cross-sector competition law. For instance, when the Bill is enacted as law, the Broadcasting Authority and the Telecommunications Authority will possess concurrent jurisdiction with the Competition Commission to enforce the prohibitions in the law.

(Source: Mondaq)


Section 7K of the Telecommunications Ordinance 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 enforcement powers are vested in the Telecommunications authority, which can issue directions addressed to the parties and impose financial penalties.

According to a source (hkcompetitionlaw) once the new Bill is enforced, the existing telecommunications and broadcasting authorities will be most likely merged into a single communications authority. This new authority will then take up responsibility for enforcing the general competition laws in the communications sector. As part of this rearrangement, the existing competition laws now administered by the Office of the Telecommunications Authority (OFTA) will be repealed.


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 Reports (source COMPAG):

Annual Report 2008-2009

Annual Report 2007-2008

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)

Report on Public Consultation on the detailed proposals for a competition law

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

The Administration's Response to the Consumer Council's Report on Competition in the Foodstuffs and Household Necessities Retailing Sector

Government's response to the Telecommunications Authority's report on the Banyan Garden case

Report on the Review of Hong Kong's Competition Policy

Report on the performance of Hong Kong’s Telecommunications Market, Office of the Telecommunications Authority, 12 october 2008

Asia-Pacific Antitrust Review 2009, Hong Kong: Overview, Christy Baker, Connie Carnabuci, Margaret Wang


News

Hong Kong's Competition Law - The Competition Ordinance Bill Unveiled (21 July 2010) (Source: Mondaq)

The Emerging Competition Laws of Hong Kong and the PRC - How Trade and Professional Associations Are Impacted (29 June 2010) (Source: Mondaq)

Competition bill to be introduced soon ( 12 December 2009)

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)

 


 

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 03/05/11) All Asian countries
Overview
(General Information)

Competition Commission started functioning on 20 May 2009. However, the provisions dealing with mergers and acquisitions come into effect from 1 June 2011.

Government appoints Competition Chairman.

(Source: CCI, 28 February 2009)

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.

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

Merger Control notified - March 2011:

The Government of India recently issued a notification bringing into force the merger control provisions under the Competition Act, 2002, with effect from 1 June 2011.

The Government also issued additional notifications which significantly alter the merger control provisions:

(1) The merger notification thresholds have been revised upwards by 50%;

(2) Mergers where the target company being acquired has assets worth less than INR 250 crores (approximately USD 55.7 million) or a turnover of less than INR 750 crores (approximately USD 167 million) have been exempted from the merger notification requirement for an initial period of 5 years; and

(3) Recognizing the wide definition of a “group” under the Competition Act, the notification exempts a “group” exercising less than 50% in a target company from the merger notification requirement for an initial period of 5 years. Please note, the definition of “group” has not been amended.

>>>

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

India's merger control regime, The Economic Times, 04 May, 2009

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

Brief outline of a paper presentation by Anurag Bana, IBA Project Lawyer, at the International Conference of Jurists for Judicial Reforms, 13 June 2009, London, United Kingdom. For any queries write to Anurag Bana at anurag.bana@int-bar.org.

"The Curious Case of 7 Cs" by Anurag Bana, IBA Project Lawyer, February 2010

 

News

CCI may hasten process for key M&A approvals, Live Mint, 30 November 2009

Competition Act may get maximum penal clause, The Financial Express, 25 November 2009

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

Competition Commission of India
The Hindustan Times House
18-20, Kasturba Gandhi Marg
New Delhi-110001
Tel. : +91-11-23473400

Chairperson: Dhanendra Kumar

For General Enquiry
Mr S.L. Bunker
Secretary
Competition Commission of India

Email: cci-bunker@nic.in




Competition Authority Website(s)

Competition Commission of India

 

   
Indonesia(Last updated 01/02/11) 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 No information available
Co-operation Agreements and Treaties

No information available

 

 

Selected Cases No information available

 

 

Press Releases

No information available

Annual Reports Voluntary peer review of competition law and policy: Indonesia
Overview, Report by the UNCTAD secretariat , 2009
Publications
(Papers-Reports- Speeches-Bulletins)

Papers & Speeches

The Asia-Pacific Antitrust Review 2009: Indonesia: Overview, by James Donoghue and Toby Grainger

Contribution by Indonesia on Competition law and Policy at the Global Forum of Competition by OECD

Issues related to Competition law by UNCTAD

Economic Crisis and Cartel Development in Indonesia by Dr. Sutrino Iwantono, Chairman of the Commission for the Supervision of Business Competition (KPPU)

Development in Competition Law and Policy (Indonesia Progress) by Mr. Dendy R. Sutrisno, Investigator, Business Competition Supervisory Commission (KPPU)

Urgency of Competition Law by Dr. Pande Radja Silalahi, Commissioner, Commission for the Supervision of Business Competition

Indonesia's Individual Action Plan on Competition Policy

Issue Paper:Post Doha Related Issue; Interaction between Trade and Competition Policy by Asian Development Bank

Commentary by the Government of Indonesia on the Competition Law of Indonesia, UNICTAD

Roundtable Discussion

Considering Competition Law in Indonesia: Challenges and Approaches by Columbia University and The Centre for Strategic and International Studies (CSIS)

 

News Indonesian Antitrust Authority set to restrict competition exemptions, April 2009, Asialaw
Contact Information

Commission for the Supervision of Business Competition

Gedung Depperindag 12th Floor
Jl. Gatot Subroto Kav. 52-53
Jakarta 12950
Indonesia
Tel: + (6221) 529 61791/2/3
Fax: + (6221) 529 61794

 

Competition Authority Website(s) No information available

 

 

 

   
Iran (Last updated 01/02/11)

All Asian countries

 

Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

Based on this article (Statement by Seyyed Hussain Mirjalili on the possibility of Iranian Competition Laws ), Iran has competition law provisions under this regulation (Third Socio-Economic and Cultural Development Plan of The Islamic Republic of Iran 2000-2004).

 

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)
Statement by Seyyed Hussain Mirjalili on the possibility of Iranian Competition Laws
News No information available
Contact Information

The plenipotentiary Trade Representative office of the Islamic Republic of Iran
11 flr.,3 Arjang Alley , Vali-e Asr Sq.,
14155,Tehran,I.R.Iran
Tel: +98 21 890 5721
Fax: +98 21 889 9525

 

Competition Authority Website(s)

The plenipotentiary Trade Representative office of the Islamic Republic of Iran.

 

 

   
Israel(Last updated 01/02/11) All Asian countries
Overview
(General Information)

Competition law in Israel is regulated by the Restrictive Trade Practices Law, 5748-1988 (‘the Law’), and regulations promulgated thereunder. The Law addresses three substantive areas: restrictive arrangements (which include cartels), mergers and monopolies.
The Antitrust Commissioner enforces the Law. The Commissioner is appointed by the Government upon the recommendation of the Minister of Trade and Industry (‘the Minister’) in conjunction with a governmental search committee. He is assisted by a staff in the Antitrust Authority (‘the Authority’) of approximately 80 employees, including attorneys, economists and investigators.
The Law established a Committee for Exemptions and Mergers (‘the Committee’). The Commissioner consults with this Committee when ruling on applications for restrictive arrangement exemptions and notices of merger. The Committee is comprised of representatives of the Government and private industry with economic expertise.
The Antitrust Tribunal (‘the Tribunal’) enjoys virtually exclusive jurisdiction over non-criminal governmental antitrust proceedings. The Tribunal sits as part of the District Court in Jerusalem. Its members represent various sectors: the District Court, government, consumer groups, private industry and the public.

In 2005, a draft bill was published by a special committee which recommended that the definition of 'restrictive arrangement' under section 2 of RTP be clarified and, that the conclusive presumptions in section 2(b) of the RTP be limited to horizontal arrangements only. The committee is intending to review all of the RTP and suggest proper amendments, however it is unclear when this will occur.

In 2006, the Authority published new block exemptions which are valid for an additional term of five years. These block exemptions relate to certain types of ancillary restrictions in merger agreements which are automatically cleared if they meet specific conditions set out in the Block Exemption For Restraints Ancillary to Mergers 2004. Currently, it is anticipated that by July 2008, the Authority will publish a new block exemption regarding arrangements relating to air transport carriers, which will replace the current exclusion of these type of agreements being regarded as restrictive arrangements.

(Source: Practical Law Company)

 

Legislation
(Legal Acts-Regulations-Resolutions)

Restrictive Trade Practices Regulations

Antitrust Bill Amendment 2005

Antitrust Bill Amendment 2008

Block Exemptions

Other laws related to cpmpetition legislation

 

Guidelines

Guidelines of the General Director of the Israel Antitrust Authority For Reporting and Evaluating Mergers Pursuant to the Restrictive Trade Practices Law, 1988

Guidelines of the Controller of Restrictive Trade Practices with respect to notification procedures and examination of mergers of companies - The Authority recently published draft guidelines on the issue of Israeli merger approvals. It focuses on the procedure of mergers review by the Authority. (Source: Practical law Company)

Antitrust Authority Publishes 'Relevant Markets' Guidelines, Contributed by Danziger, Klagsbald, Rosen & Co

Leniency Program

Forms

Antitrust Regulations and Forms

Abbreviated Notice of Merger

Notice of exemption of Restrictive Arrangement

Merger Notification and Procedures Template

The Hebrew section of the Antitrust Authority's website contains 4 forms in Hebrew:

(i) Request for Authorization for a Restrictive Arrangement;

(ii) Request for an exemption for Authorization for a Restrictive Arrangement; and

(iii) 2 Pre-Merger Notices.

 


 

Co-operation Agreements and Treaties

United States of America

U.S. - Israel Cooperation Agreement

Agreements / Treaties

· Free Trade Agreement with TLC with Mexico
Chapter VIII. Competition policy, monopolies and state enterprises
Subscription date: April 10th, 2000

Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part

 

 

Selected Cases Israel Antitrust Authority Decisions

Refer to website

Decision About Non-Grant Of An Exemption From Approval oF The Trade Restrictions Court: The Middle East Energy

Trade Restrictions Case 445 ICS ISrael Cable Systems Ltd. And Others

Adanim Mortgage Bank Ltd.

Antitrust Authority Decisions

Decisions About The Non-Declaration Of The Tel-Aviv Stock Exchange As A Monopoly

The Israeli Union For Advertising Ruling According To Section 43 Of The Trade Restrictions Law, 5478-1988

 

Press Releases

Press Releases from the Israel Antitrust Authority

The IAA Established Pre Ruling Rules of Procedure

 

Annual Reports

OECD, Annual Report on Competition Policy Developments in Israel, January 2007- April 2008

Annual Report on Competition Policy Developments in Israel 2004/2005

Annual Report on Competition Policy Developments in Israel 2003/2004

Annual Report on Competition Policy 2002

Annual Report on Competition Policy 2001

Annual Report - OECD 2002/2003

Annual Report - OECD 2001/2002

 

 

Publications
(Papers-Reports- Speeches-Bulletins)

OECD Global Forum on Competition: Contribution from Israel

Database of Market Definitions

News

News

Antitrust Rules (Group Exemption for Arrangements Between Aircraft Carriers)

Israel to improve airline competition, Global Competition Review, 17 March 2008

Israel's Antitrust Authority has published a draft proposal which would allow it to enforce competition in the country's aviation industry. The draft follows a lengthy evaluation of the sector by the authority, and proposes a block exemption on restrictive arrangements between airlines. The draft is currently subject to a 60-day public consultation period and, if approved, is expected to reduce prices, facilitate international trade, encourage tourism and contribute to economic growth in the Israeli aviation sector.

Israel create anti bid-rigging unit, Global Competition Review, 26 March 2007

Israel's Antitrust Authority has established a special division to tackle the problem of bid-rigging. The special division says it already has several bid-rigging leads, and will use 'secret agents' to infiltrate companies that bid for government tenders. The authority has yet to release further details about the size and scope of the task force.

Contact Information

Israel Antitrust Authority

22 Kanfey Nesharim Street
Jerusalem 91341
Israel
Tel: + (972) 2655 6104
Fax: + (972) 2651 5329
Email: perlman@antitrust.gov.il

Competition Authority Website(s)

Israel Antitrust Authority

 

 

   
Japan(Last updated 01/02/11) All Asian countries
Overview
(General Information)

On 11 March 2008, the Cabinet submitted the amendment bill of the Antimonopoly Act to the Diet. For further information, refer to the Fair Trade Commission Website.

The Asia-Pacific Antitrust Review 2009: Japan: Merger Control, by Shigeyoshi Ezaki, Etsuko Hara, Vassili Moussis

About the Fair Trade Commission of Japan

 

Legislation
(Legal Acts-Regulations-Resolutions)

Legislation

Summary of the Anti-Monopoly Act Amendment Bill (March 2008)

 

Guidelines Guidelines

 

 

Forms ICN Merger Template
Co-operation Agreements and Treaties International Relations
Selected Cases

No information available

 

Press Releases

Press Releases of the JFTC

Annual Reports

Annual Reports for the OECD on Competition Policy in Japan

Publications
(Papers-Reports- Speeches-Bulletins)

Reports of Study Groups, Surveys etc.

Statistics

Grand Design for Competition Policy Speeches

 

News

11 March 2008: Submission of the Anti-Monopoly Amendment Bill to the Diet

News of the JFTC

 

Contact Information

Japan Fair Trade Commission (JFTC)
1-1-1 Kasumigaseki Chiyoda-ku Tokyo 100-8987 Japan
Tel +81-3-3581-1998 (International Affairs Division)
Fax +81-3-3581-1944
Website: www.jftc.go.jp
Email: Intnldiv@jftc.go.jp

International Affairs Division

Telephonic Inquiries: + 81-3-3581-1998
Fax Inquiries: +81-3-3581-1944
E-Mail Inquiries:intnldiv@jftc.go.jp


 

Competition Authority Website(s)

Japan Fair Trade Commission (JFTC)

 

   
Jordan(Last updated 01/02/11) All Asian countries 
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)
The Competition Law No. 33 of the Year 2004

Trade Secrets and Unfair Competition Law No. (15) for the year 2000 No. 4423, 2/4/2000
Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties

Euro-Mediterranean Agreement between the EU and Jordan:

The EU-Jordan Association Agreement entered into force in May 2002 and contains provisions relating to competition and State aid in article 53. Under the agreement

anti-competitive agreements and practices and abuses of a dominant position are incompatible with the agreement if they affect trade between the EU and Jordan,
and public aid is also incompatible with the agreement if it affects trade between the EU and Jordan.
Article 53 also refers to the subsequent adoption of implementing provisions on competition, but no such provisions are currently in force.

Jordan participates in the European Neighbourhood Policy, and there is an EU/Jordan Neighbourhood Policy Action Plan (not a binding international agreement) which includes some points on competition (and State aid).


Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)

Industry, Trade and Investment Bulletin

News

Competition law vital to promote economic efficiency - conference - Jordan, Jordan Times (25/05/2005)

First Infringement Case of Unfair Competition Law in Jordan by Abu-Ghazaleh Intellectual Property 2004

Industry, Trade & Investment Bulletin

 

Contact Information

Ministry of Industry & Trade (MOIT)
Tel: + 962-6-5665131
Fax: + 962-6-5688373
E-mail: info@mit.gov.jo

Competition Authority Website(s)

Ministry of Industry & Trade (MOIT)

 

   
Kazakhstan(Last updated 01/11/10) All Asian countries
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

Law of the Republic of Kazakhstan on Competition and Restrictions in Monopolistic Activities (In Russian) (In English)

 

On 7 July 2006 the President of the Republic of Kazakhstan signed a new version of the Law On Competition and Restrictions in Monopolistic Activities. The Law entered into force on 28 July 2006. The Law governs public relations in the protection of competition and restrictions in monopolistic activities, the protection of the legal interests of consumers.

The previous version of the Law On Competition and Restrictions in Monopolistic Activities No. 144-II dated 19 January 2001 has lost its force. The new version of the Law includes provisions that were previously established by different by-laws. The new Law establishes the procedure for defining the borders of commodity markets, the method for calculating the share where a market entity is considered as dominant and others. (Law of the Republic of Kazakhstan No. 173- III dated 7 July 2006 On Competition and Restrictions in Monopolistic Activities)

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties EU and Kazakhstan initial Partnership and Cooperation Agreement
Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)
Mergers & Acquisitions in Kazakhstan: To Buy or Not to Buy….
News No information available
Contact Information

Agency for Regulation of Natural Monopolies and
Protection of Competition
14, Bokeikhan Street,
473000 Astana
Kazakhstan
Tel: + (73172) 97 66 77
Fax: + (73172) 21 54 73
Email: antimonopoly@arem.kz

 

Competition Authority Website(s)

Agency for Regulation of Natural Monopolies and Protection of Competition (In Russian)

   
Korea(Last updated 15/12/10) All Asian countries
Overview
(General Information)

Evolution of Korea's Competition Laws

Price Stabilization Act (1973)

With the surging prices due to the first oil shock in 1972, this Act was enacted in order to establish a fair trade order by banning refusal to sell and to attain price stability by placing price ceilings on goods and services.

Price Stability and Fair Trade Act (Enacted in 1975, took effect on Mar. 15, 1976)

By overhauling the Price Stabilization Act, this Act stipulated the prohibition of unfair trade practices and laid the legal groundwork for issuing corrective orders against enterprises that breached the law with the purpose of establishing a fair trade order.

This statute provided for the setting of the maximum prices, the authorization of the prices of monopolistic/oligopolistic products and utility prices, the issuing of directions for the supply and delivery of goods and the implementation of measures for coordinating supply and demand in emergency.

Monopoly Regulation and Fair Trade Act (MRFTA: enacted on Dec. 31, 1980, took effect on April 1, 1981)

The Price Stability and Fair Trade Act produced side-effects such as restricting the proper functioning of price mechanism, since the focus of the law enforcement was primarily on achieving price stability.

The price authorization by the government distorted the market function and prompted the public to expect inflation in the future, resulting in the avoidance of production, creation of double prices, and cornering and hoarding.

Focusing on the regulations of the side-effects arising from monopoly and oligopoly deepened the problem of monopolization. The lack of a mechanism curbing the concentration of economic power gave rise to the problem of economic concentration.

For the private sector to play the lead, instead of the government, in the operation of the economy, the sections involving fair trade were separated from those on price stability under the Price Stability and Fair Trade Act. A new legislation was introduced, centering around fair trade practices.

Since then, the Act has underwent 7 revisions in 1986, 1990, 1992, 1994, 1996, 1998, 1999, 2001 and 2002.

In addition, the Fair Subcontract Transactions Act and the Adhesion Contract Regulations Act were enacted in 1984 and 1986 respectively, in order to protect subcontractors and consumers at the competition policy level.

In 1999, the Fair Labelling and Advertising Act (FLAA) entered into force, which is aimed at preventing undue labelling and advertising and promoting the provision of correct and useful information, thereby protecting consumers (entered into force on July 1).

In addition, the Omnibus Cartel Repeal Act (the Act on Regulating Undue Concerted Activities Exempt from the Application of the Monopoly Regulation and Fair Trade Act) was enacted in 1999 in order to facilitate the market economy and keep up with international trends by repealing or improving cartels permitted under individual statutes (promulgated on Feb. 9, 1999).

Furthermore, the Door-to-Door Sales, etc. Act and Installment Transaction Act were transferred from the Ministry of Commerce, Industry and Energy under the authority of the KFTC in 1999 so that the latter has the power to protect consumers in special types of transactions.

In 2002, the Consumer Protection in Electronic Commerce, etc. Act was enacted to form an institutional basis for protecting consumers' rights in electronic commerce. The KFTC also enacted the Fair Franchise Transactions Act in the same year.

by the Korea Fair Trade Commission

The KFTC proposed a revised bill of the Monopoly Regulation and Fair Trade Act in October 2007. It introduced a consent order or settlement procedure for remedies on anti-competitive practices. If the settlement procedure comes into effect, the KFTC will be able to close relevant cases (other than those involving cartels) without reaching an infringement decision by accepting commitments offered by the parties. It is expected that the amendments will come into effect towards the end of 2008.

 

Legislation
(Legal Acts-Regulations-Resolutions)

Acts

Monopoly Regulation and Fair Trade Act amended by Law No.7315, Dec. 31, 2004

Installment Transactions Act

Door-To-Door Sales, Etc. Act

Fair Labeling and Advertising Act

Omnibus Cartel Repeal Act

Fair Subcontract Transactions Act

Adhesion Contracts Act

Enforcement Decrees

Enforcement Decree of The Door-To-Door Sales, Etc. Act

Enforcement Decree of The Fair Labeling and Advertising Act

Enforcement Decree of The Adhesion Contracts Act

Enforcement Decree of Installment Transactions Act

Recent Developments in Korea's Competition Law and Policies can be found on the KFTC Website

 

Guidelines

Notifications & Guidelines

Guidelines on the Imposition of Merger Remedies (enacted December 2006)

Notification on Implementation of Leniency Program (for corrective measures against confessors) (revised in July 2006)

Types of and Criteria for Unfair Business Practices and Abuse of Market-Dominant Position Relating to Newspaper Business

Enforcement Regulation Of The Door-To-Door Sales, Etc. Act

Guidelines For Reporting Of The Establishment of Conversion Into a Holding Company And Share Ownership...

Guidelines On Applying For A Review Of The Scope Of A Holding Company

The Types Of Unfair Trade Conducts Regarding Paralell Import

Notification On The Types Of And Criteria For Special Unfair Business Practices Relating To Large Retail Store Business

Notification On The Types Of And Criteria For Determining Unfair Business Practice In International Contracts

Notification On Applying For International Contract Review

Guideline On Applying For Aproval Of Concerted Acts And Competition-Restraining Acts

Notification On The Types Of And Criteria For Unfair Business Practices Relating To The Offering Of Gifts

Notification On Business Combination Reporting Guidelines

Notification On The Criteria For Unfair Business Practices Relating To The Franchise

Notification on M&A Review Guidelines

 

Forms No information available
Co-operation Agreements and Treaties

The Korea Fair Trade Commission pursues to enhance international cooperation through participating in various multilateral / bilateral international for a in the field of competition laws and policies.

The International Cooperation Division holds annual or biennial consultation meetings on competition policy with countries with a view to exchanging opinions on impending issues.

Meanwhile, the International Organization Division actively participates in discussions at various organizations such as OECD, WTO, APEC to share with essential experiences and cases.

The KFTC makes continuous efforts to conform Korea¡¯s enforcement of competition laws and policies to international standards through international cooperation with other competition authorities and international organizations.

Documents by the Korea Fair Trade Commission

Selected Cases No information available
Press Releases

KFTC Press Releases

Amendment of M&A Review Guideline, 24 July 2007: The Korea Fair Trade Commission (chaired by Mr. Ohseung Kwon) has amended M&A Review Guideline to lift burdens on companies of M&A reviews by the KFTC and also to increase efficiency of the reviews through selection and concentration.The amended guideline has been in force since 19th Jul 2006. For further information, see the KFTC Website.

Amendment of Notification on Implementation Leniency Program, 24 July 2007: The amended Notification on Implementation of Leniency Program for Corrective Measures against Confessors of the Korea Fair Trade Commission (chaired by Mr. Ohseung Kwon) has been in force since 1st Jul 2006. The new notification is designed to simplify procedures for voluntary report of cartels to the Commission. For further information, see the KFTC Website.


Annual Reports

REPORT ON COMPETITION LAW AND INSTITUTIONS (2004) by OECD

Publications
(Papers-Reports- Speeches-Bulletins)

Merger Regulations under the Korean Competition Law - Based on M&A Review Guidelines and KFTC's Decisions, Sai-Ree Yun and Dae Sik Hong

KFTC Annual Reports

PROTOCOL of the 5th Consultation Meeting on Competition Policy ...

Memorandum on Co-operation between the Fair Trade Commission of the Republic of Korea ......

 

News

European Commission welcomes conclusion of cooperation agreement between EU and Republic of Korea - European Commission Press Release, 25 May 2009

April 2007: Monopoly Regulation and Fair Trade Act is amended

KFTC Monthly News


Contact Information

Korea Fair Trade Commission
Chul-kyu Kang (Chairman)
mailto: ckkang@ftc.go.kr

Kang, Dae-hyung
(Secretary-General)
mailto: dhkang@ftc.go.kr


The Korea Consumer Protection Board (KCPB) is a governmental organization established July 1987 based on the Consumer Protection Act.

The KCPB, as a law enforcement agency, protects consumer's basic rights, promoting the quality of consumption and pushing ahead with consumer policies.

E-mail : econsumer@cpb.or.kr
Phone : + (822) -3460-3413
Fax : + (822) -3460-3419
Address : 300-4 YeumGok-dong,
SeoCho-gu, Seoul, Korea
(Zip code: 137-700)

 

Competition Authority Website(s)

Korea Fair Trade Commission

The Korea Consumer Protection Board (KCPB)

 

   
Kuwait(Last updated 01/02/11) 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

Kuwait Chamber of Commerce and Industry
Tel:+ (965) 805580 Ext.#555
Business men phone : +(965) 2423555 - (965) 2423666
Fax : +(965) 2460693
E-mail : kcci@kcci.org.kw

Competition Authority Website(s)

Kuwait Chamber of Commerce and Industry

   
Kyrgyzstan (Last updated 13/05/10) All Asian countries
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

Law about Natural Monopolies in the Kyrgyzstan Republic (In Russian)

Law about the Limitation of monopolistic activity, development and protection of the competition (In Russian)

Rule on the National Comission on security and development of competition at the President of the Republic of Kyrgyzstan (In Russian)

Law of the Republic of Kyrgyzstan on anti-dumping (In Russian)


Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties Partnership and Co-operation Agreement - Competition Related Extracts
Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)
No information available
News News (In Russian)
Contact Information

State Committee on Antimonopoly Policy at the Government of Kyrgyz Republic
114, Chuy Str.
Bishkek 720040
Kyrgyzstan
Tel: + (996) 312 22 48 01
Fax:+ (996) 312 22 63 65

 

Competition Authority Website(s) State Commission on Antimonopoly Policy under the Government of the Kyrgyz Republic
   
Lao Peoples' Democratic Republic (Last updated 01/11/10)

All Asian countries

 

Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

Decree 15/PMO (4/2/2004) on Trade Competition

 

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)

The Role of a Fair Competition Policy in view of the Lao PDR by Mr. Nokham Rattanavong, Acting Director General of Economic Research Institute for Trade, Ministry of Commerce, Lao PDR

 

News No information available
Contact Information

Ministry of Commerce
104/4-5 Khounboulom Road,
P.O.Box : 4107, Vientiane Lao P.D.R
Tel: (856-21) 216207, 241914
Fax: (856-21) 213623
E-mail: laotpc@mail.com

 

Competition Authority Website(s)

Ministry of Commerce

 

 

   
Lebanon (Last updated 13/05/10) All Asian countries
Overview
(General Information)

The Ministry of Economy and Trade has been working on revamping its competition policy to be in line with international practices. The Ministry has developed an action plan which calls for a new modern competition law, the establishment of a competition authority, and the creation of a new enabling environment to ensure the proper implementation of the law. (Source: Ministry of Economy & Trade)

The drafting of the law was preceded by an economic mapping of the Lebanese economy. For further information, refer to the Ministry of Economy & Trade Website.

 

Legislation
(Legal Acts-Regulations-Resolutions)

Provisions relating to unfair competition are contained in the French High Commissioners Order No.2385 of 1924, "Laws & Systems of the Commercial and Industrial Property in Lebanon" (amended in 1946, 1960 and 1983). The Penal Code is also relevant for acts of Unfair Competition.

Promulgation Decrees

(Promulgating Decree No. 31 of the year 1967 on anti-dumping policy - forthcoming))

(Promulgating Decree No. 32 for the year 1967 on anti-monopoly and high prices - forthcoming))

(Promulgating Decree No. 54 for the year 1983 on anti-fraud - forthcoming))

Laws

(Law No. 31 for the year 1967 authorizing the Government to enact promulgating decrees to combat high prices and monopoly - forthcoming))

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part
Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)

Competition Research Paper prepared at the request of the Minsitry of Economy and Trade

Competition Policy in Lebanon

 

News No information available
Contact Information No information available
Competition Authority Website(s) Republic of Lebanon. Ministry of Economy and Trade
   
Macau (Last updated 13/05/10) All Asian countries 
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

No competition law yet in Force. However, the Government of Macau has already established general provisions that set out the basic elements of a competition policy, within its 1999 Commercial Code, under Title X 'Discipline of Competition Among Entrepreneurs'.

2. The Commercial Code, in Article 153 establishes a general principle that competition should be carried out in a form that does not damage the interests of the economy of the Territory, and under the limits established in the law. A number of succeeding articles in the Code provide some indication as to the forms of conduct that would be detrimental to competition, and are therefore to be prohibited.

3. As such, the Government has established the basis for a formalised competition policy and given indications as to what the Government's intentions are with regard to commercial practices that can distort the proper functioning of markets, and therefore impede economic prosperity.

4. The intention behind the development of this paper by the Consumer Council is to provide the Government with advice on how the present competition policy can be enhanced. Such enhancements would include clarifying the legislative provisions that codify prohibited market conduct, and formalising the institutional arrangements designed to put the Government's competition principles into place. As a result, the Government will be in a better position to:

(a) set an agenda for the future that will assist industry and Government to plan the way ahead; and

(b) provide the necessary transparency for existing market players, and new entrants, to understand how the competition principles in the Commercial Code will be put into practice.

5. Leaving these issues unresolved would have the effect of limiting the economic benefits that can arise from the Government's existing competition policy initiative, thereby detrimentally effecting consumer welfare; and put the business community in a position of uncertainty as to how the Government's competition policy will be implemented.

by Macau Special Administrative Region of The People's Republic of China Consumer Council.

 

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

Macau Special Administrative Region of The People's Republic of China
Consumer Council

Head Office : Rua Inácio Baptista, Nº 6 R/C, Macau
Tel : + 853 307820
Fax : + 853 307816

Iao Hon Branch: Rua Um (Bairro Iao Hon) Nº 18 R/C
Tel : + 853 482739
Fax : + 853 482741
E-mail: ccm@macau.ctm.net

 

Competition Authority Website(s) Macau Special Administrative Region of The People's Republic of China
Consumer Council

   
Malaysia(Last updated 22/06/10) All Asian countries
Overview
(General Information)

Malaysia Policy Statement

Competition Law To Be Enforced in 2011; 11 June 2010; Business Times


Malaysia’s Prime Minister has indicated that the recently passed Competition Act will be enforced by mid or end of 2011, after a grace period to allow businesses to adjust to the legislation. The Competition Act 2010 was passed last month and prohibits concerted practices between enterprises and the abuse of a dominant position. A Competition Commission and a Competition Appeal Tribunal will be established in order to enforce the new law. The Competition Commission will have the power to search premises and require documents and computerised information from firms under investigation, and CEOs, COOs and managers will be personally liable for their companies’ offences.

The Government has, since the 1980s, embarked on policies of deregulation and liberalisation of the economy. The continuous efforts towards deregulation of trade and investment, together with accelerated privatisation of trade-owned enterprises in traditionally monopolistic sectors such as power generation, the distribution sector, telecommunications, transport and the postal services has boosted overall market competitiveness. Malaysia is committed to the liberalisation of the market place and will continue to pursue such outward orientation and free-market strategies.

 

Currently there are about 30 laws which regulate certain activities of enterprises and which protects consumer interests. Under these laws a consumer or trader may seek redress through the appropriate Ministry, public agency or via the Civil Courts. These laws include the Companies Act 1965, the Control of Supplies Act 1961, the Trade Descriptions Act 1972, the Food Act 1983, the Hire Purchase Act 1967, the Weights and measures Act 1972, the Direct Sales Act 1993, etc. The Consumer Protection Bill is also due to be tabled in Parliament very soon.

 

 

Legislation
(Legal Acts-Regulations-Resolutions)

Policy & Law Database (APEC)

Communications and Multimedia Act 1998

Guideline on Dominant Position in a Communications Market

Guideline on Substantial Lessening of Competition in a Communications Market

Malaysian Communications and Multimedia Commission

List of Malaysian laws Regulating Business/ Providing Consumer Protection

List of Laws by APEC

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases Promoting Competition; June 2010; The Star
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)

Asean Competition Law Project Draft; Malaysia Country Report

Malaysia's Statement on Competition Policy A Paper by United Nations Conference on Trade and Development

Concerns Regarding Competition Policy and Economic Policy in Malaysia Released by Organisation for Economic Co-operation and Development.

Implementing Competition Policy in Malaysia, June 2004, by Cassey Lee Hong Kim

News No information available
Contact Information No information available
Competition Authority Website(s)

Malaysia Competition Commission (MCC) - newly setup in 2010. Details of the website are awaited.

 

 

 

 

 

 
Mongolia(Last updated 13/05/10) All Asian countries
Overview
(General Information)

The first law against unfair competition practices was passed in 1993, and then expanded in 2000. The main objective of the competition law in Mongolia is to reduce the Government intervention and keep it as minimal as possible.

In theory, the Law on Prohibiting Unfair Competition, prevents the Government and local administrations from prohibiting or restricting economic activity, or give preferential treatment to, or discriminate against, any business entity. Neither can they attempt to affect prices, divide the market, restrict any business entity from entering the market, or force any entity out of the market.

 

Legislation
(Legal Acts-Regulations-Resolutions)

Law of Mongolia on Prohibiting of Unfair Competition

Consumer Protection Law of the Mongolian People's Republic

 

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

ICN Pilot project for co-operation

FTC and UCRA Sign MOU

Contact Information Unfair Competition Regulatory Agency
Competition Authority Website(s) Unfair Competition Regulatory Agency
   
Nepal (Last updated 13/05/10) All Asian countries
Overview
(General Information)

In February 2007, the Nepali Government unveiled the Competition Promotion and Market Protection Act 2007. The law deals at length with anti-competitive practice and prescribes stringent actions against practitioners of undue business nexuses and unethical practices.

(Source: People's Daily Online)

 

Legislation
(Legal Acts-Regulations-Resolutions)

Competition Promotion and Market Protection Act 2007

Section 7 of Consumer Protection Act, 2054 B. S. (-forthcoming-)

Fair Competition Bill, 2060 expected

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)

Gandhi Pandit, Need of Competition Law in Nepal, Nepalnews.com Vol. 3 No. 10
October, 2001 (currently unavailable)

Competition policy and Law in Nepal, Rajib Gautam

Clamping down on airlines cartel, by RATNAKAR ADHIKARI

 

 

News

Nepali Government Unveils Competition Law, People's Daily Online, 15 February 2007

Opposing Views on Competition Law, nepalbiznews, 15 February 2007

 

Contact Information No information available
Competition Authority Website(s) No information available
   
Oman(Last updated 13/05/10) All Asian countries 
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)
The Law of Trademarks, Trade Data Undisclosed Trade Information and Protection from Unfair Competition (No 38/2000) contributed by Abu-Ghazaleh Intellectual Property
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 No information available
Competition Authority Website(s) No information available
   
Pakistan (Last updated 13/02/12) All Asian countries
Overview
(General Information)

 

The Competition Commission of Pakistan (CCP) was established on 2 October 2007 under the Competition Ordinance, 2007, which was later enacted as an Act of Parliament – the Competition Act, 2010 – on 6 October 2010. The Act seeks to provide for a legal framework to create business environment based on healthy competition towards improving economic efficiency, developing competitiveness and protecting consumers from anti-competitive practices.

Prior to the Competition Act, 2010, Pakistan had an anti-monopoly law titled Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (MRTPO). The Monopoly Control Authority (MCA) was established on 17 August, 1971 under the MRTPO to administer this law. The MRTPO provided for measures against undue concentration of economic power, growth of unreasonable monopoly power and unreasonably restrictive trade practices.

In the fast changing global and national economic environment, the MRTPO was inadequate to effectively address competition issues. This was because: i) the 1970’s law was out of date for a modernizing and rapidly transforming market economy; ii) due to several limitations in the law, the MCA was not able to meet the expectations of businesses and the consumers at large; iii) the first generation reforms that liberalized the economy and unleashed the power of the private sector required a competition policy framework that could promote and protect competition and innovation.

As a result, the Government of Pakistan launched a program to develop Competition Policy as a key “second generation reform” initiative. Towards this end, the Ministry of Finance and the MCA worked with the World Bank and the Department for International Development (DFID), UK. As a result of these efforts, the Competition Act, 2010 replaced the MRTPO, and established the Competition Commission of Pakistan to administer the Competition Act, 2010.

Role of the Competition Commission of Pakistan

The Competition Commission of Pakistan is the only national agency that specifically deals with competition matters. It promotes competition and fair trade in the market place to benefit businesses and consumers. Its prime responsibility is to ensure that individuals and businesses comply with Competition Law. The Commission seeks to encourage all economic agents to engage in fair trading practices and to protect consumers from anti-competitive behaviour.


The Competition Act, 2010

The Competition Act, 2010 is part of the broader competition policy framework of the Government of Pakistan through which it endeavours to engender free competition in all spheres of commercial and economic activity. The Act seeks to enhance economic efficiency and to protect consumers from anti competitive behaviour.

The Act considers the current economic realities as well as corrects the deficiencies of the MRTPO related to definitional aspects, coverage, penalties, and other procedural matters. The law seeks to prohibit abuse of market dominance, certain types of anti-competitive agreements, deceptive market practices, and mergers of undertakings that substantially reduce competition. This is combined with major emphasis on advocacy role of the Commission to promote voluntary compliance and to give a ‘competition face’ to micro and macro-economic policies.

Essentially an enabling law, the Act sets out procedures relating to review of mergers and acquisitions, enquiries, imposition of penalties, grant of leniency and other essential aspects of law enforcement.

Information provided by the Competition Commission of Pakistan

 

Legislation
(Legal Acts-Regulations-Resolutions)

Competition Act, 2010

The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970.

Competition (Merger Control) Regulations, 2007

Competition Commission (General Enforcement) Regulations, 2007
Competition (Leniency) Regulations, 2007
Competition Commission (Conduct of Business) Regulations, 2007
Competition Commission (Service) Regulations, 2007
Competition Commission (Appeal) Rules, 2007
Competition Commission Enquiry (Conduct of Investigating Officers) Rules, 2007
Competition Commission (Extension in Exemption) Rules, 2007
Competition Commission (Collection of Fees and Charges) Rules, 2007

Guidelines

Monopoly Control Authority Rules in light of The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance 1970

Guidelines regarding “Mergers”
Guidelines regarding “Conduct of Proceedings before the Commission”
Guidelines regarding “Imposition of Financial Penalties (Fining Guidelines)”
Guidelines regarding “Online Submission of Pre-Merger Applications”
Guidelines regarding “Seeking Advice”
Guidelines regarding “Reward Payment to Informants Scheme”


Forms

Please see Schedule in Competition Commission (General Enforcement) Regulations, 2007.

Please see Schedule in Competition (Merger Control) Regulations, 2007.

Co-operation Agreements and Treaties Please see here.
Selected Cases

Orders
Policy Notes and Opinions

Enquiry Reports
Mergers and Acquisitions


Press Releases

Please see here.

 

Annual Reports Annual Report 2010
Annual Report 2009
Annual Report 2008

Publications
(Papers-Reports- Speeches-Bulletins)

Sectoral Competition Assessments Studies:
Competition Assessment - Polyester Staple Fibre Industry of Pakistan
Competition Assessment - Cooking Oil and Ghee Sector in Pakistan
Competition Assessment - Fertilizer Sector in Pakistan
Competition Assessment - Automobile Sector
Competition Assessment - Sugar Sector in Pakistan
Competition Assessment - Aviation Sector
Competition Assessment - Power Sector in Pakistan
• Competition Assessment - Banking Sector (Part-I) (Part-II) (Part-III) (Part-IV) (Part-V) (Part-VI) (Part-VII)

Reports:
State of Competition in Pakistan - 2009
State of Competition in Pakistan - 2008

Information Booklet on Protection from Anti-competitive Practices
Competition Policy Report
Recent Cement Price Hike
International Competition Network Cartel Template


Voluntary Competition Compliance Code:
Voluntary Competition Compliance Code


News

Press Releases
Interviews

 

Contact Information

Competition Commission of Pakistan
7th & 8th Floors South, ISE Towers 55-B, Jinnah Avenue, Islamabad, Pakistan.
Tel:+92-51-9100260-3
Fax:+92-51-9100251
Email: oia@cc.gov.pk




Competition Authority Website(s)

 

 

 

 

 

 
Palestinian Authority (Last updated 13/05/10) All Asian countries 
Overview
(General Information)

A Competition Law modeled after EU Competition Laws and the Treaty of Rome has been drafted to prevent anti-competitive practices. The law is in the final stages at the Legislative Council and is expected to be published soon.

(Source: Palestine Investment Promotion Agency)

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)

Introducing Competition in the Palestinian Telecommunications Sector:

The recently published World Bank Telecommunications Sector Report, entitled “Introducing Competition in the Palestinian Telecommunications Sector,” highlights key issues in the Palestinian telecommunications sector, and suggests possible recommendations for policy and regulatory reform. The report was prepared in close consultation and cooperation with all stakeholders, taking into account disparate points of view. Its recommendations are in line with visions and policy directions of the Palestinian Authority, with the goal of benefiting Palestinian people by reducing prices and improving quality and reliability of services. The report endorses and supports Palestine's own policy of introduction of competition, as formulated by MTIT. The policies of favoring competition in this industry have proven effective across the world, including in post war, distressed and low income environments.

News No information available
Contact Information No information available
Competition Authority Website(s) No information available
   
Philippines (Last updated 13/05/10) All Asian countries
Overview
(General Information)

Section 19 of Article XII of the 1987 Constitution prohibits monopolies and combinations in restraint or trade. Monopolies and Combinations, under act. no. 3247 as amended, read along with the Revised Penal Code, as amended by republic act. no. 1956, prohibit unfair trade practices, monopolies and combinations in restraint of trade.

Memorandum. Competition Law in the Philippines

Questionnaire on Competition Advocacy

 

Legislation
(Legal Acts-Regulations-Resolutions)

Although the Constitution of 1987 prohibits anti-competitive practices, the Philippines maintains neither explicit per se prohibition on monopolies nor provision of imposable sanctions against anti-competitive practice. There is no regulation of mergers and acquisitions. Most laws do not clearly stipulate the amount of a fine or compensation in cases where competitors are injured. There are no criteria to justify the behaviour of firms, which might be regarded as unfair competition, and there is no measure to assess how the public interest would be affected. Also there is no clear procedure provided in the Philippines law for dealing with firms involved in unfair competition.

Philippines Competition Policy

REPUBLIC ACT NO. 7394 THE CONSUMER ACT OF THE PHILIPPINES by
Chan Robles Virtual Law Library

On "No Return, No Exchange" Prohibition (R.A 7394)

On Price Tag

R.A. 7581 - Price Act

On Packaging

R.A. 7394 - Consumer Act

Consumer Act and its Implementing Rules and Regulations

 

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 DTI Annual Reports
Publications
(Papers-Reports- Speeches-Bulletins)

DTI Publications

Philippines: Developments in Competition Policy

News

DTI News

How to break up the oil and other cartels, Published on Page B7 of the May 30, 2005 issue of the Philippine Daily Inquirer

Contact Information

Bureau of Trade Regulation and Consumer Protection
Department of Trade and Industry
(BTRCP-DTI)
385 Industry and Investments Bldg.,
Sen. Gil Puyat Ave., Makati City,
Philippines 1200.
Telephone: (632)751-0384
Fax: (632)895-6487
Email: web@dti.dti.gov.ph


Competition Authority Website(s) Department of Trade & Industry Philippines
   
Qatar (Last updated 13/05/10) All Asian countries
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

The law governing competition in Qatar is The Law on Protection of Competition and Prohibition Monopolistic Practices, Law No (19) of 2006 (Competition Law). This law aims to stabilise domestic markets and achieving social justice by removing any hurdles that restrict businesses from reaching local consumers and giving emphasis to competition to assist economic growth and national development aims.

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

Protecting competition and preventing monopoly in Qatar, Glenn O'Brien:

In 2006, Qatar issued Law No. (19) of 2006 entitled Protection of Competition and Prohibition of Monopoly Practices (the “Competition Law”). While the Competition Law has been in force for some time it was not until this month, May 2008, that a Committee was established, by Decision 105 of 2008, to deal with the receipt of, and investigation of, complaints relating to competition and monopolistic practices.

The Competition Law is a significant step for Qatar as it pursues a more open and transparent business environment recognising that open and healthy competition is good for both consumers and business. The intention in introducing a competition law is to encourage businesses to compete on a level playing field. Such an environment will also benefit consumers by lowering prices and increasing access to an expanded variety of goods and services.
The Competition Law aims to achieve that, but is subject to the exception that it will not be applicable to governmental acts, or any acts of any organisation, entity, corporation or other entities controlled or supervised by the State.

Contact Information No information available
Competition Authority Website(s) No information available
   
Saudi Arabia (Last updated 13/05/10) All Asian countries
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

Competition Law

On 21/5/1425 H / 9 July 2004, Saudi Arabia's new Competition Law, as enacted by Royal Decree No. M/25 dated 4/5/1425 H / 22 June 2004 (the "Competition Law"), was published in Saudi Arabia's Official Gazette. According to its Article 21, the Competition Law came into force on 19/11/1425 H / 31 December 2004, one hundred and eighty (180) days after its publication.

 

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)

Saudi Arabia's Competition Law, Legal500, May 2005

Commerce Minister's address to WTO meeting in Geneva with regards to progress in Competition Policies: June 2004

 

News Ministry of Commerce and Industry News
Contact Information

Ministry of Commerce and Industry
E-mail: info@commerce.gov.sa

Competition Authority Website(s) Ministry of Commerce and Industry
   
Singapore (Last updated 16/03/10) All Asian countries
Overview
(General Information)

The Competition Commission of Singapore (CCS) is a statutory body that was established under the Competition Act (Cap. 50B) on 1 January 2005 to administer and enforce the Act. Its mission is to promote healthy competitive markets that will benefit the Singapore economy based on sound economic principles applied objectively and consistently. Please refer to the CCS website

 

Legislation
(Legal Acts-Regulations-Resolutions)
Competition Act (Cap. 50B)

Regulations:

The following regulations are made pursuant to the powers conferred under the Competition Act (Chapter 50B) and are currently in force:

Competition Regulations

Announced on the October 24, 2008, the Competition (Amendment) Regulations 2008 would come into operation on November 1st 2008. See “Competition (Amendment) Regulations 2008”.

Competition (Block Exemption) for Linder Shipping Agreements) Order 2006

Competition Notification Regulations 2007

Announced on the October 24, 2008, the Competition (Notification) (Amendment) Regulations 2008 would come into operation on November 1st 2008. See “Competition (Notification) (Amendment) Regulations 2008”.

Competition (Financial Penalties) Order 2007
Competition (Transitional Provisions for Section 34 Prohibition) Regulations
Competition (Fees) Regulations
Competition (Composition of Offences) Regulations
Competition (Appeals) Regulations
Competition (Appealable Decisions) Regulations

Guidelines

Competition Commission of Singapore Guidelines 2005:

Guideline on the Major Provisions
Guideline on the Section 34 Prohibition
Guideline on the Section 47 Prohibition
Guideline on Market Definition
Guideline on Powers of Investigation
Guideline on Enforcement
Guideline on Lenient Treatment for Undertakings Coming Forward with Information on Cartel Activity Cases
Guideline on Filing Notifications for Guidance or Decision with Respect to the Section 34 Prohibition and Section 47 Prohibition
Guideline on Transitional Arrangements
Guideline on the Appropriate Amount of Penalty

Guideline on the Treatment of Intellectual Property Rights
Guideline on Meger Procedures

Guideline on the Substantive Assessment of Megers

Click here to access the accompanying guidelines policy papers.

Compliance Programme

Forms

Forms are available for the following applications to CCS:

Complaints

Notification for Decision or Guidance

 

Co-operation Agreements and Treaties No information available
Selected Cases

The Public Register on the CCS website provides information on decisions, directions and certain notices given by the Competition Commission under the Competition Act (Chapter 50B). It also provides summary details of notifications made by undertakings for a decision under section 44 or 51 of the Act.

 

Press Releases

CCS Press Releases – 2007

CCS Press Releases - 2006

CCS Press Releases - 2005

CCS Press Releases - 2004


Annual Reports

CCS Annual Report 2006/2007

CCS Annual Report 2005/2006

OECD - Anti-corruption policies: self-assessment report Singapore - 2005


Publications
(Papers-Reports- Speeches-Bulletins)

CCS Publications:

A Practical Guide to the Competition Act

CCS Corporate Brochure: Promoting Healthy Competitive Markets - A Guide to the Competition Act 2004

Cartels and the Competition Act: A Guide for Consumers and Businesses

Leniency Programme

Market Study on Retail Mall Rental Space in Singapore – Summary of Study and CCS’ views (31 October 2008)

 

News

09 January 09: Competition Commission of Singapore Response to Submissions on Changes to Leniency Programme

03 November 08:Medical fee guidelines: No ruling

18 October 08: GUIDELINE ON MEDICAL FEES : Apply to CCS for guidance

08 September 08: Six Pest Control Companies give Assurances on Pricing

03 September 08: Competition Commission of Singapore Consults on Changes to Leniency Programme

05 August 08: CCS advises that the fees guidelines issued by IEA are likely to be anti-competitive

01 August 08: CCS advises SSTA to take remedial action on its recommendation of a fuel surcharge

11 December 2006: The Competition Commission of Singapore (CCS) responds to public submission on proposed merger regime

On 20 October 2006, the CCS launched a three-week long public consultation on the proposed merger regime under the Competition Act as set out in the following documents:

· Consultation Document
· Draft Amendment Bill
· Draft CCS Guideline on the Substantive Assessment of Mergers; and
· Draft CCS Guideline on Merger Procedures

The CCS received 8 submissions to the public consultation.

The following document outlines the CCS' response to the public submissions:

CCS’ Response to Submissions on Proposed Merger Regime

The CCS will finalise the Competition (Amendment) Bill, taking into consideration the feedback and comments received. The finalised merger guidelines will be published once Parliament has passed the Bill.


CCS Conferences and Events

 

Contact Information

Competition Commission of Singapore
Address: 5 Maxwell Road, Tower Block,
#13-01 MND Complex, Singapore 069110
Tel: 65-63258200
Fax: 65-62246929
Email add: ccs_feedback@ccs.gov.sg

 

Competition Authority Website(s)

 

 

 

 

 
Sri Lanka (Last updated 01/11/09) All Asian countries
Overview
(General Information)
Legislation
(Legal Acts-Regulations-Resolutions)

Fair Trading Commission Act No. 1 of 1987

Fair Trading Commission Act No. 1 OF 1987- Added pages

Fair Trading Commission Act No. 57 OF 1993 (Amendment)

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases Ceylon Oxygen Co Ltd v. Fair Trading Commission and Another
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)
The Institutional Policy Framework For Regulation and Competition in Sri Lanka, Malathy Knight-John, December 2002
News Consumer Affairs Authority News
Contact Information

Fair Trading Commission
440, Union Place
Colombo 2,
Sri Lanka
Fax: +94-1-677251
Email: ftc@sltnet.lk

 

Competition Authority Website(s)

Fair Trading Commission

Consumer Affairs Authority

 

 

 

 

 

 
Syria (Last updated 24/03/10) All Asian countries
Overview
(General Information)

No information available

 

Legislation
(Legal Acts-Regulations-Resolutions)

Syria issued its first Competition and Anti-Trust Law (Law No 7/2008) on 04/04/2008.

The Syrian Penal Code also contains articles 671-674 which cover the "Unlawful Speculations", and the article 700 which covers the "Fraudulent Competition".


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 No information available
Competition Authority Website(s) Syrian Arab Republic Ministry of Economy and Trade

 

 

 

 

 

 

 
Taiwan (Last updated 01/08/09) All Asian countries
Overview
(General Information)

Taiwan's competition law is primarily contained in the Fair Trade Law. The law was drafted in the early 1980s, along with the implementation of government development policies for economic liberalisation and internalisation, in order to facilitate the transformation of Taiwan's economic structure into a competitive market economy.


Since the Fair Trade Law would have a significant impact on business operations, a series of public hearings were organised, to gather public opinion on the draft law, after five years of darting process and another five years of deliberation, the Fair Trade Law was enacted on February 4, 1991. Enforcement began a year later to allow business communities to adjust their practices. Based on the Fair Trade Law, the Fair Trade Commission was established on January 27, 1992 to begin enforcement of the Law. The Law was amended in February 1999 and April 2000.
The Fair Trade Law has multiple objectives. In addition to ensuring fair competition, intends to maintain trading order, protect consumers' interests, and promote the stability and prosperity of the economy as a whole.


The Fair Trade Law covers a wide range of restrictive business practices, unfair trade practices and multi-level sales. Restrictive business practices include monopolies, mergers, concerted actions, resale price maintenance, and other restrictive actions, such as boycott and discrimination. Unfair Trade practices include counterfeiting, untrue or misleading advertisements or presentations, business disparagement, and other deceptive or obviously unfair actions that might affect trading order.


In Principle, the Fair Trade Law permits the existence of monopolies, as long as they do not abuse their dominant market power. With respect to merger control, the Fair Trade Law in general also permits mergers of business, but mergers involving parties reaching a certain size must file with the Fair Trade Commission. If the Commission raises no objection in certain days, the parties are free to merger based on the amendment in Feb. 2002. Concerted actions are prohibited in principle, exceptions may be made, however, by the Fair Trade Commission to benefit the overall national economy and public interest: for instance, concerted actions that unify specification, promote joint research and development, rationalise operations, boost international trade, combat recession, or assist small and medium-sized business.


This contribution was submitted by Taiwan as a background material for the first meeting of the Global Forum on competition to be held on 17 and 18 October 2001.

 

Legislation
(Legal Acts-Regulations-Resolutions)

Explanatory Material Relevant to the Revised Articles of the Fair Trade Act (1999)

Regulatory Framework of the Fair Trade Act

Enforcement Rules to the Fair Trade Act of 2002

Supervisory Regulations Governing Multi-Level Sales of 2002

Explanatory Notes to the Amendment to the Fair Trade Act (2002)

Fair Trade Act of 2002

Fair Trade Act of 2000

Fair Trade Act of 1999

Fair Trade Act of 1992

Enforcement Rules to the Fair Trade Act of 1999

Enforcement Rules to the Fair Trade Act of 1992

Supervisory Regulations Governing Multi-Level Sales of 2004

Supervisory Regulations Governing Multi-Level Sales of 2003

Supervisory Regulations Governing Multi-Level Sales of 1999

Supervisory Regulations Governing Multi-Level Sales of 1992

Regulations for the Examination of Financial Holding Company Merger Cases

Regulation Governing Access to Materials and Files of the Fair Trade Commission, Executive Yuan

Thresholds of Sales Monetary Amount Which Enterprises of a Merger shall file with the FTC

 

Guidelines

Guidelines

Guidelines for Handling Extraterritorial Merger Cases by the Fair Trade Commission

General Standards for Identifying Joint Undertaking of Construction Contracts Not Subject to the Fair Trade Law

An Explanatory Note on Trade Associations Under the Fair Trade Law

Principles for the Assessment of Concerted Pricing by Small or Medium-sized Enterprises to be Approved as an Exception

Consideration of the Likelihood of Impeding Fair Competition

Principles for Handling Cases Governed by Article 20 of the Fair Trade Law

Principles for Handling Cases of False, Untrue or Misleading Presentations or Symbols

Principles Governing the Application of Article 24 of the Fair Trade Law

Real Estate Sales Practice Regulations - Regulations Governing Housing Advertisements

Regulatory Principles for Cases Concerning Promotion by Means of Gifts and Prizes

Guidelines for Reviewing Cases Involving Illegal Commissioning of Household Production

Guidelines for Reviewing Cases Involving Enterprise's Voluntary Cessation or Correction of Violating Acts

Guidelines for Handling Cases Involving Foreign Elements by the Fair Trade Commission

Threshold on the "Amount of Sales" Regarding Application for Approval of Merger

Guidelines for Handling Extraterritorial Merger Cases by the Fair Trade Commission

Rules for Review of Technology Licensing Arrangement Cases by the Fair Trade Commission

Standards Governing Disclosure of Information by Franchisers by the Fair Trade Commission

Principles for Handling Cases Regarding Information Transparency and Improper Marketing Practices of Weight Loss and Body Care Businesses by the Fair Trade Commission

Guidelines for Public Hearings Held by the Fair Trade Commission

Principles for Cases Concerning Additional Fees Charged By Distribution Businesses By the Fair Trade Commission

Guidelines for Handling Administrative Guidance by the Fair Trade Commission

Public Notice on the Period for Handling Filings for Approval of Concerted Action by Enterprises

Guidelines for Oral Arguments in Cases Before the Fair Trade Commission

Guidelines for the Review of Cases Involving Enterprises Issuing Warning Letters for Infringement on Copyright, Trademark,and Patent Rights

Principles for Investigations in Multi-level Sales Cases

Principles on Approving Exemptions for Concerted Pricing by Small or Medium-sized Enterprises

Criteria for Applying the Fair Trade Law to Private Law Acts by the Executive Government Entities

Business Guidelines

Large Distribution Businesses

The Banking Industry (Bank Loan Contracts)

Computer Technical Training Programs

Distribution Practices of Gas Safety Equipment

The Construction Industry

The Banking Industry (Policy Requirements)

Case handling Procedures

Procedures for Handling Complaints and Requests for Interpretations of the Law

Procedures for Handling Applications for Mergers of Enterprises

Procedures for Handling Applications for Concerted Action of Enterprises

Procedures for Handling Document Filing by Multi-Level Sales Enterprises

Forms No information available
Co-operation Agreements and Treaties

Cooperation Arrangement between the Taiwanese Fair Trade Commission and the French Competition Council Regarding the Application of their Competition Rules ( English version)

Bilateral agreement between Chinese Tapei & Australia

Bilateral agreement between Chinese Tapei & New Zealand

 

Selected Cases

Selected FTC Decisions Restrictive Business Practices

Monopolies - Refer to website

Concerted Actions - Refer to website

Other Restrictive Business Practices - Refer to website

Unfair Trade Practices

Others - Refer to website

 

Press Releases Newsletter of the Taiwan Fair Trade Commission

Taiwan to participate in OECD peer review on competition law in 2006

 

Annual Reports

Annual Report OECD 2003/04

Annual Report OECD 2002/03

APEC Competition Policy & Law Database - Sponsored by the Taiwan Fair Trade Commission

 

Publications
(Papers-Reports- Speeches-Bulletins)

Publications

List of Publications: (refer to website)

Compilation of Regulations
Propaganda or Education Series
Yearbooks
Series of Fair Trade Acts Study
Fair Trade Quarterly
Gazettes of Fair Trade Commission

FTC Staff Study Reports

Reports under FTC Study Grants - 2001

Reports under FTC Study Grants- 1994

Research on the Norms for Regulating Unfair Competition on Internet Networks - Focusing on Internet Domain Names and the Protection of Transactions on Internet Networks

Research on Internet-related Competitive Issues, Focusing on the Identification of Position on the Internet Industries and Restrictive Business Practices

Reports under FTC Co-study Projects- (from 1993-2003)

 

News News - (Chinese Traditional)
Contact Information

Fair Trade Commission

12-14F, No. 2-2, Sec.1,
Chi Nan Road
Taipei, Taiwan
R.O.C
Tel: +886-2-2351-7588
Service Center Hotline: +886-2-2351-7588 ext.380 ; +886-2-2351-7567

 

Competition Authority Website(s) Fair Trade Commission
   
Tajikistan(Last updated 01/11/10) All Asian countries
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

Law on competition and restriction to monopoly activities on goods markets (In Russian)

Law on natural monopolies (In Russian)

 

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

State Agency for Antimonopoly Policy and Support Entrepreneurship

20 Rudaki Av.
734012 Dushanbe
Tajikistan
Tel: + (992372) 214512; 215693; 215349
Fax: + (992372) 215553; 214512

 

Competition Authority Website(s) No information available
   
Thailand(Last updated 03/11/09) All Asian countries
Overview
(General Information)

Summary of the Work on Trade Competition Act

Competition Law and Policy in Thailand

 

Legislation
(Legal Acts-Regulations-Resolutions)

Competition Act, 1999 While the Act sets out a general framework regulating anti-competitive conduct, many of its provisions are currently unenforceable due to a lack of Cabinet approval or, the need to implement regulations concerning key elements.

Trade Association BE 2509

Chamber of Commerce Act BE 2509

 

Guidelines

Markets

Prices and Indexes

 

Forms No information available
Co-operation Agreements and Treaties Co-operation and Co-ordination Arrangement Between Department of
Internal Trade (DIT), Ministry of Commerce And Japan Fair Trade
Commission (JFCT) and Japan International Cooperation Agency (JICA)
Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)

History of the Department of Internal Trade

The New Competition Act Seeks to Eliminate Unfair Trade Practices and Monopolization
by Fabrice Mattei

News No information available
Contact Information

The Department of Internal Trade, Ministry of Commerce

44/100 Nonthaburi 1 Rd. Muang district, Nonthaburi 11000
Tel. 0-2507-6111
Fax. 0-2547-5361
Web Site : http://www.dit.go.th


Competition Authority Website(s)

The Department of Internal Trade, Ministry of Commerce

 

 

   
Turkmenistan (Last updated 01/11/10) 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

Committee for Antimonopoly Activity
Ministry of Economy and Finances
Pomma str., 2

Ashgabat 711000
Turkmenistan

Tel: (99312) 25 16 53; 29 00 55; 29 32 41
Fax: (99312) 25 65 11

Competition Authority Website(s) No information available
   
United Arab Emirates (Last updated 01/11/10) All Asian countries
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

No competition law yet in force

Unfair competition law, such as it is, is derived from an interpretation of Federal Law No. 4 of 1979 on ""Prevention of Fraud and Deception in Commercial Dealings"". Article 1 of this Law prohibits traders from, inter alia, defrauding consumers in respect of the kind, origin, or source of goods. Penalties available are a term of imprisonment for a minimum of 2 years, and/or a fine of between 500 dirhams and 10,000 dirhams (£80 - £1,600).

It is expected that the government will soon introduce a special Competition Law and set up a Consumer Protection Authority (CPA) to check anti-competitive and monopolistic practices in 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)
No information available
News

Ministry of Economy finalises draft laws on competition, investment, 03 March 2009

Government to draft new competition law, Khaleej Times, 6 March 2007

Contact Information No information available
Competition Authority Website(s) No information available

 

 

 

 

 

 
Uzbekistan (Last updated 03/11/09) All Asian countries
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

Law of the Republic of Uzbekistan On Competition and Restriction of Monopolistic Activity at the Markets

Law of the Republic of Uzbekistan On Natural Monopolies

Law of the Republic of Uzbekistan On Advertising

Law of the Republic of Uzbekistan On Protection of Consumer's Right

Regulation of Mergers and Acquisitions

Legislative Changes: The new Draft Law "On Competition" that will substitute the current Law "On Competition and Restriction of Monopolistic Activity in the Commodity Markets" is in the process of its development and approval.

 

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 Reports of the Committee (available only in Russian)
Publications
(Papers-Reports- Speeches-Bulletins)
Publications of the Committee
News News of the Committee
Contact Information

State Committee of the Republic of Uzbekistan on Demonopolization and Competition Development

Mustakillik sq, Suite 1102
Tashkent, 700000, Uzbekistan
Tel: +998 (71) 139-8341
Fax: +998 (71) 133-5614

 

Competition Authority Website(s) State Committee on Demonopolization and Competition Development

 

 

 

 

 

 
Vietnam (Last updated 01/11/09) All Asian countries
Overview
(General Information)

Nguyen Thanh Tu; Ministry of Trade of Vietnam, Vietnam's competition law and policy development in the process of integration into the world economy

Competition Policy Statement of Vietnam

Competition Policies/Laws

General information on Competition Law in Vietnam: APEC

Legislation
(Legal Acts-Regulations-Resolutions)

Competion Law 2004, which came into force in January 2005 (-forthcoming-)

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

Vietnam: Competition Law Update

Vietnam- New Competition Law, Freshfields Bruckhaus Deringer, January 2005

New law to abolish business monopolies, Vietnam News, June 1, 2004

The Progress of Drafting Competition Law by Mr. Tran Anh Son, Deputy Director of Competition Administration Department

Building Competition Law in Vietnam to meet the Need of Regulating Market Economy and in the light of Trade Liberalization and International Economic Integration by Dr. Le Danh Vinh, Vice Minister of Trade of S.R. Vietnam

Vietnam: Competition Law and Competitiveness- Asialineonline

 

News

No information available

Contact Information

Ministry of Trade
21 Ngo Quyen Str., Ha Noi
Vietnam
E-mail: bitec@mot.gov.vn


Competition Authority Website(s) No information available
   
Yemen (Last updated 08/06/09)

All Asian countries

 

Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

Draft Law on Competition Protection and Monopoly Prevention, 2006 (-forthcoming-)


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

No information available

 

Competition Authority Website(s)

No information available

 

 

   

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