OECD kpcdb

1. Scope

 

The CCA2010 regulates anti-competitive agreements under the name of restrictive trade practices. Part 6 (Restrictive Trade Practices) of the CCA2010 prohibits contracts, arrangements, or understandings restricting dealings or affecting competition; contracts, arrangements, or understandings in relation to prices; collective tendering; resale price maintenance; covenants affecting competition; covenant in relation to prices; anti-competitive conduct; contracts, arrangements, or understandings affecting supply or acquisition of goods or services.

 

Should a provision of a contract be exclusionary in nature or has the purpose, or is likely to have the effect of substantially lessening competition, that provision is considered to be unenforceable and therefore may not confer rights or obligations to any party.

Price fixing, exclusive dealing, price discrimination, predatory pricing is a per se prohibition.

2. Assessment

The Commission has not published guidelines that explain how horizontal and vertical agreements are assessed.

 

Section 150A gives the Commission the power to grant authorisations for reasons of public benefit that outweigh the detriment to the public constituted by any lessening of competition and for conduct to be exempted from Section 60 (agreement restricting competition), Section 62 (covenant restricting competition), Section 64 (Restriction on conduct that hinders the supply of goods and services to others), Section 65 (Prohibition of agreements effecting supply or acquisition of goods or services), Section 69 (Exclusive dealing), Section 70 (Resale Price Maintenance).

3. Remedies and sanctions

Any party who contravenes Part 6 of the CCA2010 is guilty of an offence punishable upon conviction by fine, pecuniary penalty and/or imprisonment. However, the contravention of Part 6 cannot be criminally prosecuted. See Section I.4 and 144C for more information.

 

In the last five years, no criminal sanctions have been imposed.

 

4. Leniency

The Commission does not have an immunity/ leniency programme.

 

* This information is based on Competition Law in Asia-Pacific: A Guide to Selected Jurisdictions (2018).