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Antitrust / Competition


Baker McKenzie’s latest Africa Competition Report (“Report”) is a collaborative effort between Baker McKenzie’s Africa-focused Competition team and its Africa Relationship Firms. The Report covers a detailed analysis and overview of recent developments in competition law enforcement and competition policy in 32 African jurisdictions and regional bodies. It considers not only recent developments in competition law enforcement and competition policy in each of the highlighted jurisdictions but also provides an overview of regulatory and legislative dynamics and challenges in selected markets.

On 25 April 2022, the Malaysia Competition Commission launched an online public consultation on proposed amendments to the Malaysian Competition Act 2010. Key amendments include (i) introduction of a merger control regime; and (ii) amendments to increase MyCC’s investigation and enforcement powers and enhance its procedures.

After surveying more than 2500 SMEs in Vietnam, the authority found that SMEs generally do not have a high level of awareness of the law. The regulator also published papers on the state of competition in two sectors. The annual report includes consolidated and published statistics by the VCCA and MOIT. This update was published as part of our quarterly newsletter, Asia Pacific Competition Highlights.

Effective from 1 February 2022, the updated post-closing merger notification form requires substantially more information from parties, though the statutory period for submission remains unchanged. The authority’s new guidance on unfair trade practices introduces a de minimis threshold of 10% to the definition of “superior bargaining power”. A draft amendment to the SME Credit Term Guideline proposes changes to the definition of an SME. The TCCT has been conducting a law review and focus-group surveys to assess the efficiency and enforcement of the competition law, the first such mandated assessment since the law came into effect in 2017.

On March 25, 2022, the Japan Fair Trade Commission (“JFTC”) announced the closure of its investigation against a major US-based tennis racket manufacturer and its sole authorised distributor in Japan, after accepting their proposed commitment plans.
This was also the first enforcement action taken by the JFTC against a foreign supplier in a parallel import case, suggesting that the Commitment Procedure introduced in December 2018 may have helped overcome enforcement challenges in such cases. In the past, the JFTC has targeted only domestic distributors in suspected competition law infringements involving parallel imports.

The Supreme People’s Court has identified certain relevant factors when assessing such agreements from an antitrust perspective. The Chinese entity of a multinational medical device manufacturer was fined RMB 9.12 million for RPM, representing 3% of its 2020 total China-wide revenue. The antitrust authority will be stepping up oversight over the platform economy, technology development, data security and livelihood sectors such as utilities, healthcare and medicine.

The Indonesian Competition Commission (Indonesian acronym “KPPU”) has issued a regulation revoking the policy that extended the deadline for merger filings to 60 working days since closing, from 30 working days. The original deadline will be applicable effective 1 May 2022. Since November 2020, the authority has been implementing relaxation policies for competition matters due to the COVID-19 pandemic, including the extended deadline for merger filings.