A. Junaidi Commission for the Supervision of Business Competition ASEAN Competition Conference, 15-16 November 2011.

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Presentation transcript:

A. Junaidi Commission for the Supervision of Business Competition ASEAN Competition Conference, November 2011

 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

 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)

 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

 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

 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

 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 Regional Advocacy ◦ on Capacity Building

 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

 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

 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

 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?  One possibility is in place afterward…

 Look forward in 2015 !  Thank you 