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A Research Report on the Current State of Law Enforcement by Competition Authorities in Emerging and Other Countries Compiled

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by April 18, 2017 General

MIL OSI Asia Pacific

Source: Government of Japan

Headline: A Research Report on the Current State of Law Enforcement by Competition Authorities in Emerging and Other Countries Compiled

In recent years, emerging and other countries have been consistently establishing and revising competition laws and proactively enforcing them. To address this situation, the Ministry of Economy, Trade and Industry (METI) conducted research for ascertaining the current state of law enforcement by competition authorities in these countries and compiled the results into a report.

1. Background

As the globalization of companies’ economic activities has progressed, a growing number of Japanese companies have been involved in opportunities to develop business in emerging and other countries. Amid this trend, it is urgently necessary for such companies to fully understand related systems in these countries and to establish and fortify internal compliance frameworks in order to conduct their business under these countries’ domestic laws.

To address this situation, METI considers it important to support Japanese companies in complying with laws and regulations in emerging and other countries for developing their business in such countries, and to this end, it conducted research on the current state of law enforcement by competition authorities in such countries.

2. Outline

METI conducted research targeting the following 13 countries and jurisdiction in which Japanese companies are highly frequently or likely to be subject to regulations under competition laws: China, ROK, Taiwan, Singapore, Malaysia, Thailand, Indonesia, Viet Nam, the Philippines, India, Brazil, Mexico, and South Africa, by streamlining the following issues:

Current state of improvement of competition laws (regulation targets, regulations on cartels and other violations, and regulations on business combination);

Current state of law enforcement under competition laws (cartels, violations other than cartels, failure to file a notice of business combination, and extraterritorial application of competition laws); and

Trends in civil lawsuits.

Following this streamlining, METI examined and analyzed the current state of law enforcement by competition authorities in these countries and compiled the results into a report.

Release date

April 10, 2017

Division in Charge

Competition Enhancement Office, Economic and Industrial Policy Bureau

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