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In this regional update, we provide you with a practical overview of the most notable antitrust legal developments of the second quarter in 2021 that may affect your business.

In this issue:

Australia

  • Australia’s first contested criminal cartel trial ends in acquittals
  • ACCC brings proceedings over alleged attempted cartel at national gallery
  • ACCC grants unprecedented number of competition exemptions during COVID-19
  • TasPorts declared to have misused market power but pays no penalty

China

  • SAMR imposes record high antitrust fine for abuse of dominance
  • First cartel penalty post pandemic issued in healthcare sector
  • Recent abuse of dominance decision highlights incremental reliance on economics-based market definition
  • SAMR continues strong enforcement against failures to notify deals

Hong Kong

  • Court rejects challenge to criminal standard of proof in competition cases

Indonesia

  • Indonesian Competition Commission applies new sentencing guidelines
  • Courts begin to hear appeals on antitrust decisions under amended rules

Japan

  • JFTC publishes competition policy reports on algorithms/AI and data markets

Malaysia

  • MAS and AirAsia win appeals to quash RM10 million infringement fine
  • MyEG loses latest appeal against MyCC’s abuse of dominance decision

Singapore

  • OECD publishes competition assessment of Singapore’s logistics sector

Taiwan

  • Merger review status updates now available on TFTC’s website
  • TFTC to launch industry survey on digital platform operators’ trade practices

Thailand

  • OTCC publishes new unfair trade practice guideline for public hearing

Vietnam

  • VCCA continues to conduct merger control assessments pending establishment of new antitrust authority
  • VCCA offers new guidance on resale price maintenance and other price fixing agreements
Author

Stephen Crosswell is a partner in Baker McKenzie's Competition practice in Hong Kong, where he oversees competition matters in Hong Kong, China, Vietnam and Korea. He is consistently recognized as a leading lawyer for competition/antitrust by Chambers Asia. He wrote the Hong Kong chapters of Sweet & Maxwell's Competition Law in China & Hong Kong and the Oxford University Press Global Antitrust Compliance Handbook. Mr. Crosswell regularly speaks at leading antitrust events in Asia. He is also involved in capacity building with regional regulators and antitrust policy work. Prior to joining Baker McKenzie, Mr. Crosswell headed a Magic Circle firm's antitrust and competition practice in Hong Kong and coordinated their overall practice in Asia.

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