The Regional Guidelines published in 2010 serves as reference for AMS that are in the process of drafting or introducing competition law for the first time. Considering the recent developments of competition policy in ASEAN, the ASEAN Experts Group on Competition (AEGC) sees it timely to update the Regional Guidelines. The Regional Guidelines are not binding on the AMS. The Regional Guidelines serve as a general framework for the AMS as they continue to introduce, implement, enforce and develop CPL in accordance with the specific legal and economic context of each AMS and for future cooperation between AMS. These Guidelines provide guidance on both enforcement and administrative issues and set out different policy and institutional options for consideration of the AMS. The recommendations reflect both regional and international best practices.

The updated version of the Regional Guidelines, have been amended to reflect the current status of competition law and competition authorities in ASEAN.  Nine out of 10 AMS have already introduced their law and established a competition authority as of mid-2021. While Cambodia enacted its competition law at the time the Regional Guidelines was published. The various stages of CPL development and implementation in the AMS have been taken into account in the Regional Guidelines. As competition authorities develop and gain experience in their investigation techniques, any shortcomings in their policies, processes or laws may become evident. AMS may have an opportunity to amend the laws and procedures and the Regional Guidelines provide a useful roadmap for this exercise.

This Regional Guidelines is also beneficial for businesses and other government agencies to provide an overview of the existing cooperation modalities in ASEAN, including the role of the AEGC and the ASEAN Competition Enforcers’ Network in advancing regional cooperation on competition policy and law. The Guidelines also cover AEGC’s advocacy, capacity building and peer review initiatives. It further introduces other key publication of the AEGC that may be relevant for businesses and other regulators.

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