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) |