Baker McKenzie is proud to present a series of webinars aimed at helping regulators, legal practitioners and business leaders develop a deeper understanding of law and ESG issues in the Asia Pacific region.
“Communication 1/2023, of 13 June on the criteria that shall govern the prohibition for companies that distort competition to enter into contracts with the public sector by the National Commission for Markets and Competition” (the “Communication”) has been approved. The Communication sets out the criteria that will guide the CNMC when determining the prohibition to contract with the Public Sector and the scope of the prohibition. The CNMC will follow the criteria set out in the Communication in its future infringement decisions.
On 28 July 2023, speaking at a seminar at KPPU’s head office, the competition authority’s Director of Mergers and Acquisitions indicated that KPPU may consider applying a new method for calculating administrative fines taking into account the sanctioning provisions under the Government Regulation No. 44 of 2021. This would enable KPPU to impose fines of more than the nominal limit of IDR 25 billion set under the Government Regulation No. 57 of 2010, increasing the legal risks for failing to file merger notices on time.
The Spanish State Gazette published yesterday contains the Royal Decree 571/2023, of 4 July, on Foreign Investments which is intended to (i) update the procedure for declaring foreign investments for statistical and information purposes (both foreign investments in Spain and Spanish investments abroad); and (ii) develop certain features of Law 19/2003, of 4 July, on the legal regime of capital movements and foreign economic transactions and its implementing regulations, particularly with regard to the introduction of Article 7bis, relating to the suspension of the liberalization regime, in order to provide greater legal certainty to the authorization procedure, for the cases in which this is meant to be mandatory.
In an effort to strengthen the working relationship and collaborative efforts of the Malaysia Competition Commission (MyCC) and the Malaysian Communications and Multimedia Commission (MCMC), both regulators have signed a Memorandum of Understanding on 3 August 2023 in light of the rising complexity of competition issues that straddles the jurisdictions of both regulators.
In our series “Instant Competition,” the Competition team at Baker McKenzie discusses the Thai Trade Competition Act and its impact on business operators across all industries.
In our fourth episode “Instant Competition EP4: Trade Competition -Sustainability and ESG,” our team discusses key competition considerations we may consider when implementing Sustainability and ESG policies. This video is in Thai.
The Antitrust Law Update will take place on 26 September 2023 from 10:00am to 4:00pm CET. Please note this event will be held in German only.
The Antitrust Law Update will take place on 26 September 2023 from 10:00am to 4:00pm CET. Please note this event will be held in German only.
Following its launch in April 2023, the online notification form introduced by KPPU sets out a new set of tests for determining whether, and to what extent, a change of control has occurred in a non-majority acquisition. We summarize these tests to help you understand how KPPU will view and assess change of control in non-majority acquisitions.
On 19 July 2023, the Department of Justice’s Antitrust Division (DOJ) and the Federal Trade Commission (FTC) jointly released new draft merger guidelines for public comment. The guidelines are intended to explain how the DOJ and FTC will assess whether future mergers and acquisitions may violate US antitrust law. These guidelines represent another step in the Biden Administration’s effort to increase aggressive merger enforcement.