Association of Southeast Asian Nations (ASEAN) merger control (2019)
Produced in partnership with Drew & Napier LLC
Association of Southeast Asian Nations (ASEAN) merger control (2019)

The following Competition guidance note Produced in partnership with Drew & Napier LLC provides comprehensive and up to date legal information covering:

  • Association of Southeast Asian Nations (ASEAN) merger control (2019)
  • ASEAN merger control
  • Singapore
  • Brunei
  • Cambodia
  • Indonesia
  • Lao People's Democratic Republic
  • Myanmar (Burma)
  • Philippines
  • Thailand
  • more

A conversation with Lim Chong Kin, director and head of Competition and Regulatory Practice Group at Singapore law firm Drew & Napier LLC, on key issues on merger control in the Association of Southeast Asian Nations (ASEAN) Member States.

ASEAN merger control

To date, of the ten Association of Southeast Asian Nations (ASEAN) Member States, Brunei, Indonesia, Lao People's Democratic Republic, Myanmar, the Philippines, Singapore, Thailand and Vietnam have merger control regimes provided for in their competition legislation.

Cambodia is the only ASEAN country still in the process of implementing a general competition law.

In relation to Malaysia, there are currently no merger control provisions in the Malaysian Competition Act.

The ASEAN Regional Guidelines on Competition Policy (2010) (Regional Guidelines) indicate that where a phased implementation is being contemplated, merger regulations should be introduced last due to complexities in analysing merger cases—ie:

'The [ASEAN member states] may consider implementing competition law in phases. For example, the different prohibitions may be implemented in phases within a realistic time-frame, the prohibition of anti-competitive agreements may be introduced first, or together with the prohibition of abuse of dominant position, and the prohibition of anti-competitive mergers may be introduced last, because of the complexity in analysing merger cases'.(paragraph 5.3.1 on the Phased Implementation of Competition Law in the Regional Guidelines)

Paragraph 3.4 of the Regional Guidelines also outlines the