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