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Antitrust / Competition

Asia Pacific Antitrust & Competition Highlights Q1 2023

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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 chair of Baker McKenzie's Asia-Pacific Antitrust & Competition Group, the head of our Greater China Antitrust & Competition team and the immediate past chair of our Asia-Pacific TMT Industry Group. He is one of the leading trial lawyers in Hong Kong, admitted as a Solicitor Advocate, with the right to appear as an advocate at all levels in the Hong Kong Courts, including the Competition Tribunal, the High Court, the Court of Appeal and the Court of Final Appeal.
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 local competition law regime in Hong Kong but also across other Asian jurisdictions – including China." Stephen is uniquely placed as a specialist competition advocate in Hong Kong. He represented one of the parties to the first enforcement action taken in Hong Kong's Competition Tribunal. His practice covers investigations, dawn raid response, multijurisdictional cartel investigations, leniency, merger clearance, collaboration/joint ventures and antitrust advisory. Stephen’s three decades of experience includes running and advising on some of the largest and most high-profile competition trials, dawn raids, leniency applications, cross-border cartel matters and merger clearance projects in Asia.
Stephen is also one of the leading telecoms, media and technology regulatory lawyers in Asia, with a practice that covers a broad range of regulatory and litigation issues in China, Hong Kong and throughout the Asia Pacific. This includes digital market regulation, AI, interconnection disputes, premium media content disputes, telecommunications licensing, spectrum allocation and auctions, 5G rollout, submarine cables, cable landing stations, satellite disputes, pay and free TV licensing, judicial review proceedings and access claims.

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