On Friday 31 March 2023, the Indonesian Competition Commission (Komisi Pengawas Persaingan Usaha or KPPU) enacted the KPPU Regulation No. 2 of 2023 on Procedure for Case Handling. With a newly issued KPPU Regulation No. 6 of 2023 officially repealing the 2019 regulation, the New Case Handling Regulation introduced several breakthroughs including integrating the use of technology, option to enter change of behavior commitment during investigations, and an expedited examination procedure.
The Chairman of the Indonesian Competition Commission (KPPU) has issued two new regulations. The first is on a new approach to defining relevant market, with the aim of addressing dual and multi-sided markets in the digital economy (KPPU Chairman Regulation No. 4 of 2022). The second is on criteria and requirements for paying administrative fines by instalments (KPPU Chairman Regulation No. 1 of 2023). Introducing a legal instrument through a KPPU Chairman Regulation – which arguably should not be binding on parties beyond KPPU itself – is unprecedented, and we may see these two KPPU Chairman regulations challenged in the future.
On 22 March 2023, the Belgian Competition Authority published a press release according to which it investigates whether Proximus had abused a dominant position by acquiring edpnet. Although the acquisition did not have to be notified, the BCA feels compelled, with reference to the European Court of Justice’s (ECJ) landmark Towercast judgment, to review the transaction under abuse of the aspect of dominance. The BCA is thus following up on recent considerations regarding more effective control of so-called “killer acquisitions”, i.e., the protection of competition against innovation-inhibiting mergers of large, strong companies with small, innovative competitors, which do not require merger control notification due to the low turnover of the target company.
On Monday 27 March 2023, the Indonesian Competition Commission (Komisi Pengawas Persaingan Usaha, (KPPU)) sought input from stakeholders on its plan to overhaul the current merger control rules. KPPU is proposing to replace KPPU Regulation No. 3 of 2019 on Merger Filing Procedures. Key changes include the introduction of an electronic portal, narrowing the definition of assets for the calculation of asset thresholds to Indonesian assets only, and introducing three exits for transactions without competition concerns.
Recently, through its investigation into the retail pricing practices of a regional Canadian furniture retailer, the Competition Bureau of Canada has expanded the list of potentially problematic pricing claims to now include “urgency cues”, i.e., the use of marketing tactics to increase a consumer’s perception of having to act immediately and/or to elicit a “fear of missing out.”
We’re pleased to present the tenth edition of Ukrainian Laws in Wartime: Guide for International and Domestic Businesses, a brief overview of the key features of wartime legislation.
On 22 March 2023, four defendants were acquitted of criminal wage-fixing and no-poach charges, resulting in yet another loss by DOJ’s Antitrust Division in its criminal pursuit of no-poach agreements.
Estudio Echecopar, a member firm of Baker & McKenzie International, has updated the Doing Business in Peru 2023 guide to provide investors with useful information on the legal and regulatory framework they need to know to do business in the country. The guide focuses on the relevant aspects of legislation, the legal system, safeguards and other important nuances of local regulations to help investors conduct and maintain successful activities in Peru.
The 2023 Guide to Doing Business in the United Arab Emirates is your simple but comprehensive guide to understanding and navigating the current investment climate and the most important laws regulating investments and commercial activities in the UAE.
The guide features various topics, including the history, geography and economy of the UAE, the legal and judicial systems, foreign investment models, real estate ownership and leasehold, and employment. It also provides a comparison of the available legal investment vehicles that may potentially be used to enter the UAE market.
In a time of recession, competition law regulations do not change in their content or enforcement. On the contrary, it is vital for companies to remain compliant with applicable antitrust laws and continue their commercially independent behavior. We provided an overview perspective on key antitrust and competition trends for emerging markets including, Morocco, Egypt, Turkey, South Africa and Saudi Arabia in 2023.