Asia-Pacific Competition Law Handbook 2014/15

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1 Asia-Pacific Competition Law Handbook 2014/15

2 Related publications Our GLOBAL COMPETITION AND REGULATION TEAM (2014) This brochure is a snapshot of our global Competition legal team at Ashurst. It highlights their star expertise, in-depth knowledge and provides an overview of our full range of competition law areas, in which our team can provide strategic and commercially focused advice to clients around the globe. Our competition and regulation TEAM AustrALIA AND Asia PACIFIC (2014) This brochure is an overview of the Australian and Asia Pacific Competition legal team at Ashurst. It highlights their star expertise, in-depth knowledge and provides an overview of legal areas in which our team can provide strategic and commercially focused advice to clients, within the region and around the globe. Australia An introduction for investors (2013) This guide assists foreign investors to understand the legal, taxation and regulatory requirements of investing in the Australian market. This guide was published jointly with Austrade, the Australian Government s trade and investment development agency. This publication is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Readers should take legal advice before applying the information contained in this publication to specific issues or transactions. For more information please contact us at Ashurst LLP, 12 Marina Boulevard, #24-01 Marina Bay Financial Centre Tower 3, Singapore , , Ashurst is not licensed to practise local law in all of the jurisdictions referred to. Ashurst can work with local counsel in jurisdictions where it does not have local practice capability to arrange the necessary advice for clients with specific issues. Ashurst LLP and its affiliates operate under the name Ashurst. Ashurst LLP is a limited liability partnership registered in England and Wales under number OC It is a law firm authorised and regulated by the Solicitors Regulation Authority of England and Wales under number The term partner is used to refer to a member of Ashurst LLP or to an employee or consultant with equivalent standing and qualifications or to an individual with equivalent status in one of Ashurst LLP s affiliates. Ashurst Australia (ABN ) is a general partnership constituted under the laws of the Australian Capital Territory and is part of the Ashurst Group. Further details about Ashurst can be found at Ashurst LLP and Ashurst Australia No part of this publication may be reproduced by any process without prior written permission from Ashurst. Enquiries may be ed to aus.marketing@ashurst.com. Design AU Ref: Nov 14

3 Index PAGE 1. Australia Bangladesh Brunei Darussalam Cambodia Fiji Hong Kong India Indonesia Japan Laos (Lao Peoples' Democratic Republic) Malaysia Mongolia Myanmar New Caledonia New Zealand Pakistan Papua New Guinea People's Republic Of China PRC Philippines Singapore South Korea Republic Of Korea Sri Lanka Taiwan Thailand Timor-Leste Vanuatu Vietnam Page 1

4 Asia-Pacific Competition Law Handbook Introduction Competition law in the Asia-Pacific region is dynamic, diverse and enforced by increasingly sophisticated and active regulators. Competition policy in the Asia-Pacific region has been evolving rapidly and its impact on the conduct of businesses operating in the region has never been as pervasive. Understanding the competition laws in the region is critical for businesses to continue to innovate, grow and thrive. Over the past year, China has continued to be very active in investigating anticompetitive conduct cases and has imposed very significant fines. The Chinese merger regulator, MOFCOM, has recently blocked a proposed transaction (only its second) and imposed very significant conditions on several others in the last year. More broadly, ASEAN member countries are gathering momentum to establish a common regional focus on competition law and policy, in keeping with its goal of achieving an ASEAN Economic Community by Our Handbook provides you and your organisation with a useful overview of competition law and practice around the Asia-Pacific region. There are well established competition regimes in North Asia, with China, Japan, Korea and Taiwan all enforcing effective competition laws. In South East Asia, Singapore, Malaysia and Indonesia have the most established and active regimes. In the Pacific, both Australia and New Zealand have sophisticated regimes with active regulators, and Papua New Guinea's and Fiji's regimes are well established. We have also included materials on the emerging competition law regimes in Hong Kong, Thailand and Vietnam, and on the remaining ASEAN nations (Brunei Darussalam, Cambodia, Laos, Myanmar and the Philippines), which have each committed to endeavour to introduce a national competition law and policy by On the subcontinent, India and Pakistan now have modern regimes in place, with the Indian regulator enforcing the new laws very aggressively, and regimes are also in place in neighbouring Bangladesh and Sri Lanka. This Handbook also includes materials on the competition law regimes in East Timor, Mongolia, New Caledonia and Vanuatu. Additional regimes which may establish competition laws in 2014/2015 are the Solomon Islands and Samoa. The Solomon Islands appear to be following in Fiji's and PNG's footsteps by introducing an independent competition regulator, and Samoa has issued a draft competition and consumer Bill in We will cover these jurisdictions in next year's edition. Page 3

5 This second edition of the Handbook is current as at September The information provided in this Handbook is general in nature and not legal advice. Specific professional advice should always be taken on particular matters that may arise. Ashurst expert Competition law advice Across the Asia-Pacific region, Australia, Europe and the United Kingdom, Ashurst is well placed to provide expert advice, to coordinate with local counsel where necessary and to assist you and your organisation to manage competition law compliance and advice. Our partners, consultants and lawyers are leaders in all areas of competition law. We have a well-established presence in the Asia-Pacific region with offices in Sydney, Melbourne, Brisbane, Perth, Beijing, Shanghai, Hong Kong, Singapore, Tokyo, and Port Moresby, as well as a close association with Oentoeng Suria & Partners in Jakarta and a "Best Friend Firm" relationship with Indian Law Partners in India. All our offices have native language speakers and combine extensive international experience with valuable local knowledge. We trust that you and your organisation will find this Handbook to be a useful tool. We would appreciate any feedback you may have on this publication. "Ashurst fields a strong team that is great at building and maintaining relationships by delivering consistently high-quality work " Chambers Asia-Pacific, 2014 Page 4

6 Asia Pacific offices Adelaide Level 3 70 Hindmarsh Square Adelaide SA 5000 Tel Fax Beijing Level 26, West Tower Twin Towers B12 Jianguomenwai Avenue Chaoyang District Beijing PRC Tel Fax Brisbane Level 38 Riverside Centre 123 Eagle Street Brisbane QLD 4000 Tel Fax Canberra Level Moore Street Canberra ACT 2601 Tel Fax Hong Kong 11/F, Jardine House 1 Connaught Place Central, Hong Kong Tel Fax Jakarta in association with Oentoeng Suria & Partners Level 45 Equity Tower Sudirman Central Business District Jl. Jend. Sudirman Kav Jakarta Selatan Indonesia Tel Fax Melbourne Level William Street Melbourne VIC 3000 Tel Fax Perth Level 32 Exchange Plaza 2 The Esplanade Perth WA 6000 Tel Fax Port Moresby Level 4, Mogoru Moto Building Champion Parade (po box 850) Port Moresby Papua New Guinea Tel Fax Shanghai Suites , CITIC Square 1168 Nanjing Road West Shanghai, PRC Tel Fax Singapore 12 Marina Boulevard #24-01 Marina Bay Financial Centre Tower 3 Singapore Tel Fax Sydney Level 36 Grosvenor Place 225 George Street Sydney NSW 2000 Tel Fax Tokyo Shiroyama Trust Tower 30th Floor Toranomon Minato-Ku Tokyo Japan Tel Fax

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