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Competition Authority in ASEAN Member States

Competition Authority in ASEAN Member States. A. Junaidi Commission for the Supervision of Business Competition ASEAN Competition Conference, 15-16 November 2011. In ASEAN ? . Indonesia : Commission for the Supervision of Business Competition (KPPU) Singapore :

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Competition Authority in ASEAN Member States

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  1. Competition Authority in ASEAN Member States A. Junaidi Commission for the Supervision of Business Competition ASEAN Competition Conference, 15-16 November 2011

  2. In ASEAN ? • Indonesia : • Commission for the Supervision of Business Competition (KPPU) • Singapore : • Competition Commission of Singapore (CCS) within Ministry of Trade and Industry • Vietnam : • Vietnam Competition Authority (VCA) within Ministry of Trade and Industry (MoTI) and Vietnam Competition Council (VCC) • Thailand : • Trade Competition Commission within Department of Internal Trade under Ministry of Commerce • Malaysia : • Competition Commission of Malaysia (MyCC) • Philippines : • Office for Competition, Department of Justice

  3. In ASEAN • Brunei Darussalam : • the Authority of Info- Telecommunications Technology Industry ( AITI order) • Myanmar : • no spesific competition authority (contract Law) • Cambodia : • National Council for Competition ( NCC is not establised yet) • Lao PDR : • Trade Competition (TCC) within Ministry of Industry and Commerce (TCC is not established yet)

  4. Competition Authorities (CA)in ASEAN • Similarities • part of executive branch (not judicial branch) that could be either state auxilliary agency or within ministry • independence from Government and other parties’influence in making decision • Differences • Line of reporting • In making decision • In defining jurisdiction

  5. Line of Reporting • KPPU  President • CCS  Ministry of Trade and Industry • TCC  Ministry of Commerce • VCA  Ministry of Industry and Trade • MyCC  Prime Minister • Department of Economic Planning  P M • OFC  Ministry of Justice, • Philippines Tarif Commission

  6. Line of Reporting • Lao PDR, Division Consumer Protection & Competition  Ministry of Industry and Commerce • Cambodia , Directorate of the Legal Affair’s Department  Ministry of Commerce • Myanmar, Directorate of Investment and Company Administration  Ministry of National Planning and Economic Development

  7. C A in same standard • ASEAN Regional Guidelines on Competition Policy • Hand Book on Competition Policy and Law in ASEAN for Business • Work Group (WG): • on Developing Regional core competencies on CPL • on Developing Strategy and Tools for RegionalAdvocacy • on Capacity Building

  8. Investigating and Adjudicating • In one institution • KPPU, CCS, MyCC, TCC • VCA in unfair competition cases • Different Institution • Office of Fair Competition  Court (Philippines) • VCA • Restrictive agreement, abuse of dominant position, and anti monopoly cases  VCC • Exemption from Restrictive Agreement  MoIT • Exemption from prohibited merger  P M

  9. In Defining Jurisdiction (SEED) • Indonesia • Individual or business entities..., established and domicile or conducting business activities within the jurisdiction of the Republic of Indonesia... • Vietnam • Enterprises on public-utility services, sectors as well as foreign enterprise and professional association operating in vietnam • Thailand

  10. In Defining Jurisdiction (Effect Doctrine) • Malaysia • Any entities carrying on commercial activities both within and outside malaysia, provided that commercial activity has an effect on competition in any market of Malaysia • Foreign conduct by foreign firms affecting Malaysia market is part of Malaysia competition authorities • Philippines • Singapore

  11. Cooperation • In frame of AEGC the cooperation could be handled through establishment of a special task force on exchange of information or in regular communication as part of general commitment among AEGC member • What about if this mechanism is not effective? • Onepossibility is in place afterward…

  12. ASEAN Competition Authority? • Look forward in 2015 ! • Thank you....... • ajunaidimasjhud@kppu.go.id

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