Knowledge Highlights 4 May 2020

This is the third of a series of Competition Law Alerts by the Allen & Gledhill Competition & Antitrust Practice about the impact of the Covid-19 pandemic on antitrust law and policy.

Introduction

The Covid-19 pandemic has brought about far-reaching and wide-ranging health, social and economic consequences. Apart from confirmed cases and fatalities worldwide, the outbreak presents unprecedented challenges for businesses and government agencies in the current global environment.

In Part 3 of this series, we set out a brief overview of the latest information on antitrust review delays that businesses should anticipate in South-east Asia in view of Covid-19 disruptions.

Our Competition Law Alert series is available on our Allen & Gledhill Covid-19 Resource Centre. To access Part 1 on managing potential antitrust risks relating to business/industry collaborations, please click here. To access Part 2 on managing potential antitrust risks relating to mergers and acquisitions, please click here.

No

Country

Brief overview of antitrust review delays

1.      

Brunei

·         The Competition Commission of Brunei has not announced the imposition of any antitrust review delays due to the Covid-19 pandemic. Nevertheless, businesses should anticipate and prepare for possible delays.

2.      

Cambodia

·         Cambodia presently does not have an antitrust regime.

3.      

Indonesia

·         All law enforcement activities of the Indonesia Business Competition Supervisory Commission (“KPPU”) have resumed since 7 April 2020. Previously, KPPU had suspended its law enforcement activities (including merger reviews and competition case hearings) between 17 March 2020 and 6 April 2020 due to the Covid-19 pandemic.

·         Businesses intending to get in touch with KPPU should take note that contact with KPPU is only available through KPPU’s online service system. KPPU officers are working remotely via electronic media. The process is intended to keep in line with KPPU’s plan to minimise physical meetings.

4.      

Laos

·         The Lao Competition Commission has not announced the imposition of any antitrust review delays due to the outbreak of Covid-19.

5.      

Malaysia

·         The Malaysian Competition Commission’s (“MyCC”) office is temporarily closed until 12 May 2020 and MyCC officers are working remotely.

·         Businesses should take note that MyCC has indicated that the process for response(s) to enquiries and complaints on antitrust issues and/or cases will be longer than usual.

6.      

Myanmar

·         The Myanmar Competition Commission has not announced the imposition of any antitrust review delays due to the outbreak of Covid-19. Nevertheless, businesses should anticipate and prepare for possible delays.

7.      

Philippines

·         The Philippine Competition Commission’s (“PCC”) office is temporarily closed until the Luzon Enhanced Community Quarantine is lifted. As of 30 April 2020, the Luzon Enhanced Community Quarantine is scheduled to terminate on 15 May 2020, although there is a possibility that the quarantine may be extended given the severity of the Covid-19 pandemic.

·         Businesses should take note that the timelines for the filing of pleadings, motions and other submissions, and the payment of fines or penalties to PCC is deemed to be interrupted during this period and shall resume running on the day that the Luzon Enhanced Community Quarantine is lifted.

·         Further, PCC has also suspended the acceptance of new merger notification forms and other related activities, such as the evaluation of the sufficiency of notification forms and letters of non-coverage which have already been submitted to PCC.

8.      

Singapore

·         The Competition and Consumer Commission of Singapore (“CCCS”) has announced that it remains operational with the vast majority of its officers telecommuting. In particular, CCCS’s merger review timelines remain the same, although businesses should be ready for the possibility that CCCS may reassess timelines on a case-by-case basis depending on the severity of the Covid-19 situation.

9.      

Thailand

·         While the Office of the Trade Competition Commission (“OTCC”) has not announced the imposition of any antitrust review delays due to the outbreak of Covid-19, OTCC officers are largely working remotely. Businesses should therefore anticipate that OTCC may take up the full duration of time allowed by law to review their cases.

10.   

Vietnam

·         Vietnam’s National Competition Commission has not announced the imposition of any antitrust review delays due to the outbreak of Covid-19. Nevertheless, businesses should anticipate and prepare for possible delays.


*  This table reflects information available as at 30 April 2020.

Conclusion

We hope that this update has been helpful. Please feel free to contact us if you require further clarification or assistance.

Reference materials

The websites of the South-east Asia antitrust regulators, where available, are set out below:

Further information

Allen & Gledhill has a Covid-19 Resource Centre on our website www.allenandgledhill.com that contains knowhow and materials on legal and regulatory aspects of the Covid-19 crisis.

In addition, we have a cross-disciplinary Covid-19 Legal Task Force consisting of Partners across various practice areas to provide rapid assistance. Should you have any queries, please do not hesitate to get in touch with us at covid19taskforce@allenandgledhill.com.

 

Download PDF

More

Knowledge Highlights 1 December 2022

Bill to amend Carbon Pricing Act 2018 passed to increase carbon tax rates, introduce industry transition framework and ...

Read more