Competition Bites by Rajah & Tann Asia

We're excited to unveil our new short podcast series, a platform for quick updates on competition, antitrust, and trade laws across the region. Each episode packs a punch with expert insights from different countries, served in bite-sized segments. In our first episode, we explore "the handling of merger filings in Vietnam" with Duy Cao, Partner at Rajah & Tann LCT Lawyers. Duy sheds light on the increasing trend of merger filings in Vietnam, where most cases are cleared at the preliminary assessment phase — a sign of the heightened compliance and activity in the country's merger control landscape. Tune in for a deeper dive into Vietnam's competition law developments. Find out more about our Regional Competition & Antitrust and Trade Practice here: https://www.rajahtannasia.com/our-practices/competition-antitrust-and-trade We welcome your feedback! Do provide us with suggestions on what you would like us to discuss on our future podcasts. You may reach out to us at competitionlaw@rajahtann.com.

We are excited to bring you the grand finale of our thought-provoking discussions from our Regional Competition Conference!

In the rapidly evolving landscape shaped by technology and the post-COVID19 trade environment, our final panel, "Ecommerce meets the reality of moving goods across borders – When Trade Moves from Physical to the E-world, what are the Trade, Customs, Consumer Protection and Other Regulatory Issues to deal with?", delves into the intricate challenges businesses face when navigating the intersection of e-commerce and traditional trade practices.

• How is customs declaration managed?

• What are the export control implications especially as regards intangible technology transfer?

The panel provides practical guidance in addressing these questions and more, sharing real cases to guide businesses on their journey.

As we wrap up this podcast series, we extend our heartfelt gratitude for your continued support. We look forward to welcoming you at our Regional Competition Conference next year!

Sustainability and ESG have taken over the world like a storm. They are important considerations for business, even as countries tax carbon emissions. Even more importantly, supply chain disruptions have a direct impact on the production lines as well as on exports.

Titled “Sustainability and ESG – When trade flows and supply chains are impacted given ESG concerns, how does one work around this?”, episode 4 of our podcast series takes a pragmatic approach, examining critical questions that are reshaping industries:

• What must businesses do differently?

• What is the potential competition law impact as businesses seek to comply with sustainability requirements?

• Can they collaborate to improve on sustainability in the industry?

• What if a trade association recommends certain steps and all businesses follow?

• What is the impact of changing laws in the EU, US, UK and even Singapore have on trade in the region?

This episode offers more than insights; it provides a practical examination of the challenges and opportunities businesses encounter in the intricate tapestry of global trade influenced by ESG concerns.

In our latest episode of our podcast series for the Regional Competition Conference 2023, we delve into the intricate intersection of data protection regulations and competition law, with a focus on the challenges posed by data dominance.

Entitled “Regulation of Personal Data, Collection of Data, Usage and Management of Data, and AI and the cross-over impact from competition laws – How can businesses manage this multi-prong regulatory environment with different regulators?”, we explore how the collection and utilisation of data, especially by parties with significant data holdings, can establish dominance in the market. Discussing the digital market landscape, we also address the potential risks associated with AI, such as collusion and discriminatory practices, while acknowledging its role in enhancing competition through targeted marketing.

Introducing Part 2 of our podcast series for the Regional Competition Conference 2023, where we delve into insightful conversations with our next panel of distinguished competition lawyers.

Entitled "How to manage a regional M&A transaction from a competition law perspective?", this panel takes you on a journey through the intricacies of managing an M&A transaction while adhering to competition law regulations. We explore the hypothetical scenario of an M&A transaction and discuss the practical aspects of addressing competition law considerations. We also cover the essential elements of complying with merger control requirements in the region.

Rajah & Tann Asia’s Regional Competition Conference was successfully held in Bangkok in October 2023. In case you were not able to join us for the live event, we are pleased to introduce our new podcast series capturing key highlights of the conference. Part 1 of the podcast series will immerse you in the thought-provoking discussions of the first panel, titled “Cartels, Abuse of Dominance and Unfair Trade Practices – Impact on Your Day-to-Day Business and Transactions in Thailand and the Region”. This session takes a practical look at the impact competition laws on your business in the following areas: (i) your everyday business, whether you are selling or manufacturing and distributing; (ii) planned collaborations with your customer or; and (iii) what actions may be deemed unfair practices. We analyse the concept of market power and share real-life examples of enforcement actions by regulators in the region and the associated penalties. Our discussion also illuminates regulators’ information sharing and communication practices, shedding light on the regional enforcement landscape. While doing so, we explore the nuanced topic of leniency, addressing its significance, even in the absence of a formal leniency program in Thailand.