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Antitrust / Competition

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In Antitrust / Competition

Indonesia: Compliance credit available for KPPU-certified competition compliance programs

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Companies with effective Antitrust & Competition Compliance Programs may benefit from more lenient sanctions if KPPU finds an infringement in the future. KPPU Regulation No. 1 of 2022 on ACCP was issued earlier this year to provide further guidance for the implementation of Article 15(a) of Government Regulation No. 44 of 2021. To receive the compliance credit, it is important to ensure your ACCP meets the requirements of the KPPU Regulation and then secure the KPPU certification (a stipulation that will be valid for five years, and is renewable).

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In Antitrust / Competition

South Africa: The Competition Commission publishes revised Guidelines on Small Merger Notifications

by and 5 Mins Read

The Competition Commission of South Africa has published revised, final guidelines on small merger notifications to more readily be able to identify small mergers and acquisitions involving digital markets. The small merger guidelines were revised due to an increased concern regarding potential anti-competitive acquisitions in the digital markets, which are potentially able to escape regulatory scrutiny. The guidelines will come into effect on 1 December 2022.

In Antitrust / Competition

Australia: Significantly increased CCA/ACL penalties and prohibitions on Unfair Contract Terms are on the horizon

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On 28 September 2022, the Government introduced the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022. If passed, the Bill will: introduce a civil penalty regime prohibiting the use of and reliance on unfair contract terms in standard form contracts; increase the maximum penalties that may be awarded for breaches of the civil penalty provisions in Parts IV, IVBA, X and XICA of the Competition and Consumer Act 2010 (and under the Australian Consumer Law to the greater of AUD 50 million, if the court can determine the value of the benefit obtained — three times the value of that benefit, if the court cannot determine the value of the benefit obtained — 30% of the body corporate’s adjusted turnover during the breach turnover period for the offence, act or omission, and increase the maximum civil penalty for breaches by telecommunications providers of the Competition Rule, to up to AUD 71 million plus AUD 3 million for every day that a contravention continues in the most serious cases.

In Trade and Foreign Investment

Switzerland: Following the global trend – To introduce foreign investment review – More than just mimicking?

by , , and 10 Mins Read

After pressure from Parliament, the Swiss Federal Council has against its own intentions opened the consultation process on new legislation to screen foreign investments in future also in Switzerland and has published a draft investment control law (“Draft ICL”). By implementing foreign investment control mechanisms, Switzerland would follow the global trend towards stricter regulation of foreign investments. According to the Draft ICL, the new law would apply to acquisitions of domestic companies by foreign investors. The main objective is the aversion of possible threats to public order and national security resulting from acquisitions of domestic companies by foreign investors. The final aim is to create investment controls in a new and stand-alone federal law.

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In Environment / Climate

Australia: ACCC to target ‘greenwashing’ online

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The ACCC has announced two internet sweeps to identify misleading environmental and sustainability marketing claims and fake or misleading online business reviews and a separate sweep to target fake or misleading online reviews and testimonials. The sweeps are being conducted as part of the ACCC’s compliance and enforcement priorities for 2022-23 announced earlier this year, with the broad aim of identifying deceptive advertising and marketing practices related to the environment and sustainability.

In Trade and Foreign Investment

Global: Pharmaceutical trademark trends

by and 1 Min Read

The pandemic acted as a catalyst for acceleration of the metaverse, as increased remote working, studying and the need for remote healthcare provision have increased consumer acceptance of online interactions and created demand for those interactions to be more “life-like.” At the same time, rapidly developing technology and infrastructure is creating the opportunity to perform more activities virtually. The exploration of this new realm may not necessarily be smooth sailing. New challenges may arise in relation to data protection and cybersecurity. Familiar considerations like compliance with regulatory regimes or IP protection may give rise to complexities that are otherwise not apparent at first glance. Parallel trade also continues to generate disputes between IP owners and parallel importers, and our report highlights some recent developments. Baker McKenzie’s trends report provides a summary of some of the key issues to consider from a trademark perspective.

In Antitrust / Competition

Australia: ACCC inquiry into rising childcare prices

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The Minister for Education announced on 21 September 2022 that the government has directed the ACCC to commence an inquiry into the costs of childcare, and in particular why childcare costs have increased significantly in recent years (the announcement states the increase has been 41% in the past eight years). The announcement follows the government’s stated commitment to a comprehensive plan for cheaper childcare and addressing rising costs of living as announced during the Federal Election.

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In Antitrust / Competition

Asia Pacific: ASEAN Economic Ministers Agree to Strengthen Competition Policy and Enforcement Cooperation

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The Association of Southeast Asian Nations Economic Ministers agreed to strengthen competition policy and enforcement cooperation at the 54th ASEAN Economic Ministers’ Meeting held in Siem Reap, Cambodia from 13 to 15 September 2022.
Businesses that operate in the Southeast Asia region are encouraged to undertake a timely review of their operations to ensure that they do not fall foul of competition laws.

In Antitrust / Competition

Malaysia: Competition Appeal Tribunal overturns MyCC’s decision against the General Insurance Association of Malaysia and its members

by and 5 Mins Read

In 2020, MyCC imposed a total financial penalty of RM173 million against the General Insurance Association of Malaysia (PIAM) and its 23 members for alleged price-fixing of trade discounts on automotive parts prices and hourly labour rates for motor vehicle repairs by workshops under the PIAM Approved Repairers Scheme in breach of the Competition Act 2010. PIAM and the general insurers appealed to the Competition Appeal Tribunal (CAT). In September 2022, the CAT found that there was no liability on the part of the general insurers and PIAM under the Malaysian Competition Act and unanimously overturned MyCC’s decision.

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