5 September 2023

In this issue of the Competition Law Quarterly, we highlight notable antitrust developments and enforcement activity in South-east Asia which took place in the second quarter of 2023, including the following:

  • Singapore: The Competition and Consumer Commission of Singapore invited public feedback on a proposed acquisition in the liquefied petroleum gas sector, cleared a proposed acquisition in the aviation equipment business and took enforcement action against entities in the beauty industry for unfair practices under the Consumer Protection (Fair Trading) Act 2003.
  • Malaysia: The Competition Appeal Tribunal unanimously affirmed the final decision of the Malaysia Competition Commission (“MyCC”), which found that SAL Agencies Sdn. Bhd. and four other warehouse operators had infringed the Malaysia Competition Act 2010 by engaging in price fixing agreements.

MyCC also released a press statement indicating their awareness of the various issues surrounding the supply and sale of sugar within the market, including various allegations of hoarding, conditional sale, and refusal to supply by certain players in the market. In the same statement, MyCC indicated their commitment to take appropriate action to safeguard competition in the market and protect the interest of consumers.

On the policy front, in June 2023, the Malaysian Aviation Commission announced the second public consultation on the proposed amendments to the Malaysian Aviation Consumer Protection Code 2016. The proposed amendments included enhanced protection relating to airline advertising, refund and recovery options during flight disruptions, and the airline’s obligation to communicate changes in flight status, among others.

  • Indonesia: The Indonesia Competition Commission issued a decision in relation to the alleged cooking oil cartel by 27 entities. All 27 entities under investigation were not proven to have violated Article 5 of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition (“Indonesia Competition Law”) and were found not to have engaged in price fixing conduct. However, seven entities were found to have breached Article 19(c) of the Indonesia Competition Law for restricting the production and sale of cooking oil.

For more, please click here for an overview of notable antitrust developments in South-east Asia during the period of April to June 2023. To see if there has been any enforcement activity in your sector in the second quarter of 2023, please refer to the overview chart here.