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The tables summarize the main topics of the antitrust and competition laws in Asia Pacific. For more information, visit our page “Antitrust Laws around the World“.

Country Regulatory authority Key regulation Merger Control Prohibition on abuse
Australia Australian Competition & Consumer Commission Competition and Consumer Act 2010  Yes Yes
China Anti-Monopoly Enforcement Agency (an umbrella term for three separate agencies dealing wih different aspects of the law) Anti-Monopoly Law of the People´s Republic of China  Yes Yes
Hong Kong Competition Commission (appointed April 2013) and Competition Tribunal (to be established); Office of the Telecommunications Authority Broadcasting Authority Competition Ordinance (to come into force in second half of 2015); Telecommunications Ordinance and Broadcasting Ordinance for sector-specific rules (the Competition Ordinance will repeal the competition related provisions) Yes (not yet in force outside communications) Yes (not yet in force outside communications)
India Competition Commission of India Competition Act 2002 Yes Yes
Indonesia Business Competition Supervisory Commission Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Competition Yes Yes
Japan Fair Trade Commission Antimonopoly and Fair Trade Maintenance Act 1947  Yes  Yes
Malaysia Competition Commission Competition Act 2010 and the Competition Commission Act. Other relevant provisions contained in sector specific guidelines, including the Contracts Act 1950  No Yes
New Zealand Commerce Commission Commerce Act 1986 Yes Yes
Philippines Office for Competition has certain investigative and enforcement powers Relevant provisions in: Revised Penal Code; Civil Code of the Philippines, the Philippine Constitution and various industry specific laws. No comprehensive competition law  Yes  Yes
Singapore The Competition Commission of Singapore Competition Act 1994; sector specific guidelines Yes Yes
Taiwan Fair Trade Commission Fair Trade Law 2002 Yes Yes (limited to monopolistic enterprises)
Thailand Trade Competition Commission Trade Competition Act. B.E. 2542 (1999) Yes (not in force until thresholds issued)  Yes
Vietnam Vietnam Competition Authority and the Competition Council Competition Law Yes Yes

 

Regulation of arrangements between competitors Regulation of dealings with suppliers, resellers and customers
Country Price fixing Market sharing Anti-competitive arrangements Vertical restraints (exclusivity/tying) Resale price maintenance
Australia Yes Yes Yes Yes Yes
China Yes Yes Yes Yes Yes
Hong Kong Yes (not yet in force outside communications) Yes (not yet in force outside communications) Yes (not yet in force outside communications) Yes (not yet in force outside communications) Yes (not yet in force)
India Yes Yes Yes Yes Yes
Indonesia Yes Yes Yes Yes Yes
 Japan Yes Yes Yes Yes Yes
Malaysia Yes Yes Yes Yes Yes
New Zealand Yes Yes Yes Yes Yes
Philippines Yes Yes Yes Yes Yes
Singapore Yes Yes Yes No (unless amounts to abuse of dominant position) No (unless amounts to abuse of dominant position)
Taiwan Yes Yes Yes Yes Yes
Thailand Yes Yes Yes No (unless amounts to abuse of dominant position) No (unless amounts to abuse of dominant position)
Vietnam Yes Yes Yes No (except where parties enjoy market dominance or monopoly) No (except where parties enjoy market dominance or monopoly)

 

Author

Andre Gan is the managing partner of Wong & Partners. He is a corporate and securities partner who also heads Wong & Partners’ Competition Group. His practice areas covers mergers and acquisitions, corporate securities, venture capital and private equity, and competition. He has been acknowledged by Chambers Asia Pacific 2016 as one of only three Band 1 practitioners for Corporate/M&A in Malaysia and also a recognised competition practitioner. Andre is also a member of the Firm's Global Antitrust and Competition Steering Committee and is noted as a leading competition lawyer in Global Competition Review - Who's Who Legal in 2016. He has worked in the Singapore and London offices of Baker McKenzie International.

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