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In this regional update, we provide you with a practical overview of the most notable antitrust legal developments of quarter 1 in 2023 that may affect your business.

In this issue:

Australia

  • ACCC announces 2023/24 compliance and enforcement priorities 
  • ACCC continues to push for reforms to Australia’s merger clearance regime
  • ACCC takes action against alleged cartel supplying mining camps
  • Continued focus on Digital Platforms as an enforcement priority

China

  • SAMR updates rules to clarify approach to merger control review
  • SAMR updates rules to mirror AML amendments on monopoly agreements
  • SAMR updates rules on abuse of dominance

Hong Kong

  • HKCC commences first cartel proceedings involving government subsidy scheme

Indonesia

  • New regulation overhauls merger control procedure 
  • New regulation introduces filing fees for merger filings
  • New case handling regulation introduces expedited process
  • KPPU addresses market definition issues in the digital economy

Japan

  • JFTC announces significant cartel enforcement in electricity and pharmaceutical sectors
  • JFTC releases final sustainability and antitrust guidelines

Malaysia

  • CAT upholds MyCC’s RM1 million financial penalty on warehouse operators

Philippines

  • New PCC chair appointed and priority sectors announced
  • PCC revises filing thresholds for notifiable deals

Singapore

  • CCCS focuses on digital platforms, sustainability and the aviation sector

Taiwan

  • TFTC broadens scope of exemptions from merger review and deals subject to simplified procedures

Thailand

  • New TCCT Secretary-General and commissioners commence office

Vietnam

  • Key appointments at Vietnam Competition Commission announced

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Author

Highly acclaimed and Band 1 ranked Leading Antitrust Lawyer Stephen Crosswell is the current chair of Baker McKenzie's Asia-Pacific Antitrust & Competition Group. He is also the head of our Greater China Antitrust & Competition team. Clients laud Stephen for his "years of experience working on competition matters." He is described as a "vital resource for clients seeking to navigate the nuances not only of the new local competition law regime in Hong Kong but also across other Asian jurisdictions – including China." Stephen has been granted "Solicitor Advocate" status before the Hong Kong Courts, meaning that he is uniquely placed as a specialist competition advocate in Hong Kong, having rights of audience in the Competition Tribunal and appeal courts. He represented one of the parties to the first enforcement action taken in Hong Kong's Competition Tribunal.

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