Antitrust developments and enforcement activity in South-east Asia: July to September 2023

30 November 2023

In this issue of the Competition Law Quarterly, we highlight notable antitrust developments and enforcement activity in South-east Asia in the third quarter of 2023, including the following:

• Indonesia: The Indonesia Competition Commission (“KPPU”) commenced hearing on alleged bid-rigging conduct related to road improvement works in Aceh Province. KPPU also issued two decisions on bid-rigging conduct in relation to the following:
  • Construction works in the third stage of the Taman Ismail Marzuki revitalisation project. The parties involved were fined IDR16.8 billion (approx. S$1.47 million) and IDR11.2 billion (approx. S$980,000), and the Tender Committee was penalised with administrative sanctions; and
  • Construction works relating to an electric signalling system for the Bogor-Cicurug double-track railway in 2019 - 2021. KPPU imposed fines of IDR6.10 billion (approx. S$530,000) and IDR4.9 billion (approx. S$429,000) on the respective companies, and recommended disciplinary sanctions on the Working Group and Commitment Making Officer.
• Malaysia: The High Court of Malaya quashed the Malaysia Competition Commission’s (“MyCC”) proposed decision to impose a financial penalty on Grab Inc., GrabCar Sdn. Bhd. and MyTeksi Sdn. Bhd. on grounds of procedural impropriety and breach of natural justice.

The Competition Appeal Tribunal (“CAT”) issued its grounds of decision relating to the alleged bid-rigging conduct in respect of a bidding contract awarded by the National Academy of Arts, Culture and Heritage of Malaysia. The CAT upheld MyCC’s decision and adjusted the individual penalties for two entities for being the instigator of the bid-rigging conduct, and for attempts to destroy evidence and obstructing the investigation.

• Singapore: The Competition and Consumer Commission of Singapore (“CCCS”) sought feedback on a proposed Environmental Sustainability Collaboration Guidance Note. CCCS also invited comments on a proposed acquisition in the pharmaceutical industry. In terms of clearance decisions, CCCS cleared a proposed acquisition in the liquefied petroleum gas sector and a proposed acquisition in the electronic chemicals business.

For more, please click here for an overview of notable antitrust developments in South-east Asia during the period of July to September 2023. To see if there has been any enforcement activity in your sector in the third quarter of 2023, please refer to the overview chart here.