Antitrust is as diverse as the region
Antitrust has gained significant attention in recent years amongst the public and within the business community across the Asia Pacific region. Particularly with the emergence of new regulators and more vigorous and active enforcement, competition law is now a key compliance topic that remains on the top of the board agenda.
In each bitesize episode we invite specialists on the ground from across Linklaters Asia and from our friends in Zhao Sheng Law Firm, Allens, TT&A, and Bae, Kim & Lee to talk about the most recent antitrust and foreign investment developments in key APAC jurisdictions.
This interactive podcast series brings you up to speed by diving into what’s truly meaningful to your daily business operations and your strategic next steps in the world’s most dynamic region. Stay tuned as we continue to add to this series.
Listen to our renewed series
Episode 5 – Greening Competition?
Speakers: Felicity McMahon, Gilly Hutchinson and Kathleen Gooi
We are all in this together. Collective action by businesses could be a shortcut to accelerating progress for ESG goals. But when does legitimate cooperation cross the line into an antitrust risk area? Felicity McMahon from Allens’ in Sydney and Gilly Hutchinson, our Asia Head of ESG Regional Development, join Kathleen Gooi in discussing how competition law intersects with sustainability initiatives and sharing their insights into the approach taken by Asian antitrust regulators. Listen now to explore the role of competition law through the lens of pursuing sustainability goals as the countdown to COP28 begins.
Episode 4 – Merger Control and Foreign Investment Issues in M&A
Speakers: Niranjan Arasaratnam and Marcus Pollard
Dealmaking continues to become increasingly complicated with the ever-growing reach of antitrust regulators. How can investors best prepare for and navigate through a fast-moving environment? In this episode, Niranjan Arasaratnam, our global co-head of TMT sector, joins Marcus Pollard to share their insights into the merger control and foreign investment issues you should consider in M&A transactions. Tune in to explore the practical tips for mitigating potential regulatory risks when doing M&A deals.
Episode 3 – Southeast Asia Merger Control Updates
Speakers: Linh Bui, Sutthipong Koohasaneh and Marcus Pollard
Six out of ten ASEAN members already have active cross-sector merger control. With mature systems becoming more sophisticated and newer jurisdictions taking shape, it is time to get up to speed with what you should know when investing in the world’s most bustling region. In this episode, Linh Bui from Allens’ Ho Chi Minh City office and our Bangkok partner Sutthipong Koohasaneh join Marcus Pollard in bringing you the latest merger control trends in Southeast Asia. Diving into key antitrust jurisdictions such as Thailand and Vietnam, our experts share their insights on their distinctive characteristics and recent developments, as well as ASEAN’s information-sharing portal for merger reviews that might arrive as soon as this quarter. Come with us on our tour around Southeast Asia.
Episode 2 – Digital Markets – Increasing Enforcement Focus in Asia
Speakers: Sonam Mathur (TT&A), Sanghoon Shin (Bae, Kim & Lee LLC) and Kathleen Gooi
In this episode, Kathleen Gooi joins Sonam Mathur from TT&A and Sanghoon Shin from Bae, Kim & Lee LLC for a discussion on antitrust enforcement in digital markets in Asia, focusing on India and South Korea. Looking at the recent enforcement cases against tech players, our experts share their insights into the latest regulatory updates, signifying a tougher enforcement road ahead for the sector, and what’s next on the radar. Tune in and stay ahead of the emerging winds of change in the digital economy in Asia.
Episode 1 – Vertical Agreements – Shifting Approach in Asia?
Speakers: Marcus Pollard, Arthur Peng and Kathleen Gooi
Is the tide changing for antitrust enforcement relating to vertical agreements? We have witnessed a shift in the regulators’ appetite that puts vertical restrictions increasingly on the radar. Our experts discuss the latest vertical trends in Asia, including recent cases of resale price maintenance and exclusivity, zooming into Hong Kong SAR, mainland China and a brief tour of the region. Listen now and keep up with what you should take away from recent cases and the potential risk areas you should be cautious of to safely navigate these waters.
Listen to our previous episodes
Episode 7 – South Korea
Speakers: Sanghoon Shin (Bae, Kim & Lee LLC) and Marcus Pollard
Sanghoon Shin from Bae, Kim & Lee LLC shares with Marcus Pollard the key antitrust updates in South Korea, following a series of key amendments made to the Monopoly Regulation and Fair Trade Act, including a new form of injunctive relief – a milestone development in Korean private antitrust enforcement. Following the theme of active enforcement actions in the digital economy continues across Asia, our experts share some predictions on the regulators’ approach to digital platforms regulation under the Yoon administration. Tune in and get up to speed with what you need to know as the next wave of changes comes in one of the largest Asian economies.
Episode 6 – Mainland China
Speakers: Fay Zhou, Arthur Peng (Zhao Sheng Law Firm) and Marcus Pollard
Fay Zhou and Arthur Peng discuss with Marcus Pollard about the key amendments made to China’s 14-year-old anti-monopoly law. Zooming into merger control, anti-competitive agreements, and penalties, our experts share their insights into the rationale and implications of the revisions, such as the introductions of a “stop-the-clock” mechanism for merger review, a safe harbour for vertical agreements and personal liability for substantive violations, to name a few. Listen now to stay on top of these exciting developments that transform the country’s competition law landscape and stay ahead of the compliance curve in ever changing times.
Episode 5 – Australia
Speakers: Felicity McMahon (Allens), Rosannah Healy (Allens) and Marcus Pollard
Felicity McMahon and Rosannah Healy, from our integrated alliance partner Allens, joins Marcus Pollard in discussing how the competition landscape in Australia has already shifted under the new government as it ramps up its efforts to enhance enforcement of competition and consumer laws. Our experts share the significant changes they anticipate to see, including on the country’s voluntary merger control regime and attempts to regulate digital platforms. Listen now and keep up with the changes on the horizon for one of the most established competition regulators in the region.
Episode 4 –Thailand
Speakers: Sutthipong Koohasaneh, Sonya Kalnin and Marcus Pollard
Conversations on ASEAN continue in this episode, where Marcus Pollard joins our Bangkok team, Sutthipong Koohasaneh and Sonya Kalnin to share their views on the enforcement focus of the Trade Competition Commission of Thailand – zooming into issues in the digital economy and updates on Thai merger control regime. Our experts on the ground share their insights on some distinctive characteristics of the regulator’s enforcement, against the backdrop of the ongoing consultations to enhance the country’s Trade Competition Act. Tune in and stay on top of the developments that keep the TCCT busy as Thailand has emerged as one of the key competition law jurisdictions in Asia.
Episode 3 – ASEAN
Speakers: Linh Bui (Allens), Yolanda Hutapea (Widyawan & Partners) and Kathleen Gooi
In this episode, Linh Bui from Allens’ Ho Chi Minh City office and Yolanda Hutapea from our formal association firm in Indonesia, Widyawan & Partners, joins Kathleen Gooi in bringing you an overview of the antitrust developments in the ASEAN region. Zooming into Vietnam, Indonesia, Malaysia and Singapore, our experts share their insights into the common themes antitrust regulators are actively looking at, including the anti-competitive conduct in the livelihood and digital sectors, as well as the notable features and trends of these very diverse merger control regimes. Listen now and get up to speed with the countries’ latest competition law landscape as they emerge as the key antitrust jurisdictions in Asia.
Episode 2 – India
Speakers: Sonam Mathur (TT&A) and Marcus Pollard
In this episode, Sonam Mathur from TT&A shares with Marcus Pollard India’s recent antitrust trends and CCI’s strong enforcement focus in the digital sector which goes beyond big tech’s behavioural conduct and increasingly targets their use of consumer data. Our experts share their insights into the Competition Amendment Bill and how it will substantially modernise India’s competition law regime. Tune in and get up to speed with what you need to know about the exciting developments in India, the world’s most robust emerging market that is becoming investors’ new-found favourite.
Episode 1 – Hong Kong SAR
Speakers: Andrew Chung, Marcus Pollard and Kathleen Gooi
10 years after the adoption of the Competition Ordinance, we are witnessing an unprecedented surge of enforcement efforts by the Hong Kong Competition Commission. In this episode, our dispute resolution partner Andrew Chung joins Marcus Pollard and Kathleen Gooi to discuss the latest enforcement trends in Hong Kong and what they expect to come next. Our experts share their views on the most recent cases, including the HKCC’s commitments policy. Listen now and stay on top of what the city’s regulator has been eyeing and to ensure you are getting ahead of the compliance curve.
Other publications
Scroll to explore the lifecycle:
Asia Pacific Competition Law Bulletin
Keep you up to date with rapid developments and enforcement practices relating to competition law around the APAC region.
China Amends 14-Year-Old: Anti-Monopoly Law: What Has Changed and Implications for Business
Antitrust & Foreign Investment
Our truly integrated global Antitrust & Foreign Investment Group provides market-leading legal expertise across the spectrum of competition matters, wherever our clients do business.
LinkingCompetition
LinkingCompetition is our global competition blog, where you will find insights, commentary and news from our dedicated competition lawyers around the globe.
ForeignInvestmentLinks
Welcome to our global foreign investment blog, where you will find insights, commentary and news from our dedicated foreign investment lawyers around the globe.
Navigating CFIUS
We have issued a series of notes introducing the new regulations as they are released, including a high-level summary of key provisions and additional notes, available below, providing details on some of the changes to CFIUS’s jurisdiction and processes.
-
Law Bulletin
Law Bulletin
-
Anti-Monopoly Law impacts
Anti-Monopoly Law impacts
-
Summer stories
Summer stories
-
Antitrust & Foreign Investment
Antitrust & Foreign Investment
-
LinkingCompetition
LinkingCompetition
-
ForeignInvestmentLinks
ForeignInvestmentLinks
-
CFIUS
CFIUS
