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Towards Effective Competition Law Enforcement in ASEAN

2020


Effective competition law enforcement is known to depend on three elements, namely: comprehensive and effective laws, efficient and fair prosecution by the competition authority, and a fair and competent trial or judicial review. To support effective competition law enforcement, a Toolkit on Enforcement Strategies has been developed to assist ASEAN competition authorities to set a clear strategy that would enable the authority to focus its limited resources on high-impact or high-significance projects and sectors.

Competition enforcement strategy is a key constituent of a competition authority's overall strategic plan which typically includes competition advocacy strategy, institutional capacity building strategy, human resource strategy, and international affairs engagement strategy.

In addition, a competition authority’s enforcement strategy should evolve over time as it gains enforcement experience. As competition regimes in ASEAN are in various stages of development, the Toolkit provides three modules to accommodate the different stages of development of the agency. The first module is catered for newly established competition authority, and covers specific and realistic entry-points for competition enforcement. The second module is intended for young competition authorities that the tries to make the best possible use of its limited resources to enforce the law. The third module is aimed for more experienced competition authority to better organise its priorities and tackle more complex enforcement issues. The module also covers the need for a review of the competition enforcement strategy which could further lead to statutory revisions of the competition law, based on the experience acquired, to overcome its limits and shortcomings, leading to more informed legislation.

Through the publication of this Toolkit, ASEAN competition authorities are committed in its effort to achieve its competition enforcement goals successfully. The development of the Toolkit is in-line with initiative 2.4 under the ASEAN Competition Action Plan (ACAP 2025).