Wolters Kluwer Law & Business Competition Law in Asia Pacific: A Practical Guide (CRC)

Although long-standing competition law regimes are in force in some countries in the Asia Pacific region, other major jurisdictions have only recently established effective national competition authorities. This book ¯ a practical full-length guide to competition law and practice in the region draws on the experience of recognized competition law practice leaders in key Asia Pacific jurisdictions and enables practitioners to navigate the competition landscape in fifteen countries, from the most developed regimes to countries where competition law and policy are still emerging. For easy reference and comparison, a chapter is dedicated to each country. Each chapter sets out the rules on anti-competitive agreements, cartels, merger control, restraints in vertical agreements and abuse of market power or dominance. There is also a table of key prohibitions for each country, allowing practitioners to compare regimes and quickly identify potential issues in each jurisdiction. Each chapter explains the origins and powers of competition law decision-makers and law-makers, and describes key enforcement actions and cases, illustrating not only the regulators approach to enforcement but also businesses approach to compliance. After a general introduction, each chapter describes the competition law and practice of a specific country, and covers such topics as: scope of powers, structure and enforcement approach of the competition authority; availability of civil or administrative sanctions, criminal enforcement, and private actions; investigations: procedure, powers, burden of proof, appeal; substantive tests to assess the impact of conduct on competition; assessment of dominance or market power; merger notification thresholds, clearance processes and timeframes, documents and evidence required; key defences and exemptions; leniency/immunity programmes; inter-agency cooperation (internal and international); extraterritorial application; and recent developments and proposals for reform. This thorough and up-to-date comparative analysis on what Asia Pacific countries are doing in the antitrust sector will be extremely valuable to readers worldwide. For businesses operating in the region and their advisors, the book is an essential practical guide to law and procedure in each jurisdiction. It will be of inestimable value to professionals in this area of legal practice, whether in law firms, corporations, academia, government, or the judiciary. About the Author Katrina Groshinski is a competition and regulatory Partner at Minter Ellison whose expertise includes anti-competitive conduct, merger clearances, price regulation, privatisation of government assets and competition related litigation. She has particular experience in heavily regulated industries such as financial services, energy, transport and broadcasting acting for industry participants, government and independent statutory regulators. Katrinas broad experience means she is able to provide strategic advice in relation to potential disputes and litigation which have a high degree of technical and economic complexity. Katrina is named as a leading lawyer for Competition/Antitrust (Australia) Chambers Asia Pacific 2015. She holds an LLM from the University of Victoria, New Zealand and is a member of the Competition & Consumer Committee of the Law Council of Australia. Caitlin Davies is an Associate at Minter Ellison with experience in restrictive trade practices, mergers, consumer, regulatory, and administrative law issues. Caitlin provides advice on competition and regulatory aspects of major public and private sector transactions as well as advising clients engaging with the ACCC during investigations relating to cartel conduct and other restrictive trade practices issues. Caitlin has advised governments in the design and implementation of new regulatory frameworks and participants in regulated industries including electricity, gas, ports and bro