Facing Covid-19: Antitrust review delays in South-east Asia (Part 3)

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Country

Brief overview of antitrust review delays

1.      

Brunei

·         The Competition Commission of Brunei has not announced the imposition of any antitrust review delays due to the Covid-19 pandemic. Nevertheless, businesses should anticipate and prepare for possible delays.

2.      

Cambodia

·         Cambodia presently does not have an antitrust regime.

3.      

Indonesia

·         All law enforcement activities of the Indonesia Business Competition Supervisory Commission (“KPPU”) have resumed since 7 April 2020. Previously, KPPU had suspended its law enforcement activities (including merger reviews and competition case hearings) between 17 March 2020 and 6 April 2020 due to the Covid-19 pandemic.

·         Businesses intending to get in touch with KPPU should take note that contact with KPPU is only available through KPPU’s online service system. KPPU officers are working remotely via electronic media. The process is intended to keep in line with KPPU’s plan to minimise physical meetings.

4.      

Laos

·         The Lao Competition Commission has not announced the imposition of any antitrust review delays due to the outbreak of Covid-19.

5.      

Malaysia

·         The Malaysian Competition Commission’s (“MyCC”) office is temporarily closed until 12 May 2020 and MyCC officers are working remotely.

·         Businesses should take note that MyCC has indicated that the process for response(s) to enquiries and complaints on antitrust issues and/or cases will be longer than usual.

6.      

Myanmar

·         The Myanmar Competition Commission has not announced the imposition of any antitrust review delays due to the outbreak of Covid-19. Nevertheless, businesses should anticipate and prepare for possible delays.

7.      

Philippines

·         The Philippine Competition Commission’s (“PCC”) office is temporarily closed until the Luzon Enhanced Community Quarantine is lifted. As of 30 April 2020, the Luzon Enhanced Community Quarantine is scheduled to terminate on 15 May 2020, although there is a possibility that the quarantine may be extended given the severity of the Covid-19 pandemic.

·         Businesses should take note that the timelines for the filing of pleadings, motions and other submissions, and the payment of fines or penalties to PCC is deemed to be interrupted during this period and shall resume running on the day that the Luzon Enhanced Community Quarantine is lifted.

·         Further, PCC has also suspended the acceptance of new merger notification forms and other related activities, such as the evaluation of the sufficiency of notification forms and letters of non-coverage which have already been submitted to PCC.

8.      

Singapore

·         The Competition and Consumer Commission of Singapore (“CCCS”) has announced that it remains operational with the vast majority of its officers telecommuting. In particular, CCCS’s merger review timelines remain the same, although businesses should be ready for the possibility that CCCS may reassess timelines on a case-by-case basis depending on the severity of the Covid-19 situation.

9.      

Thailand

·         While the Office of the Trade Competition Commission (“OTCC”) has not announced the imposition of any antitrust review delays due to the outbreak of Covid-19, OTCC officers are largely working remotely. Businesses should therefore anticipate that OTCC may take up the full duration of time allowed by law to review their cases.

10.   

Vietnam

·         Vietnam’s National Competition Commission has not announced the imposition of any antitrust review delays due to the outbreak of Covid-19. Nevertheless, businesses should anticipate and prepare for possible delays.