DFDL
5 Experts
4 Contributions by DFDL
PRACTICE NOTES
1. Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Cambodia?
Cambodia introduced a comprehensive Law on Competition (No. NS/RKM/1021/013) on 5 October 2021 (the Law), which outlaws anti-competitive mergers under Article 11. The merger control framework is elaborated in the Sub-Decree on the Requirements and Procedures for Business Combinations, issued on 6 March 2023 (No. 60 ANKR.BK) (SD 60) and fully operational from 6 September 2023. Additional particulars have been delivered through regulatory instruments and decisions. Certain sector-specific clearances are also required in regulated industries (including banking and finance), and listed companies must obtain pre-approval from the Securities and Exchange Regulator of Cambodia. Collectively, these measures constitute Cambodia’s merger control regime...
2. Under the law, is the control test the same as the EU
Competition
PRACTICE NOTES
A conversation with David Fruitman, Regional Competition Counsel, and Kristy Newby, Country Managing Director, Lao PDR, at regional law firm DFDL Legal and Tax Services, on key issues on merger control in Laos
Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Laos?
Although the Law on Competition (No. 60/NA, 14 July 2015) (the Competition Law) was adopted in December 2015 and a regulatory body was formed in October 2018, no implementing regulations have been promulgated to date, meaning the Competition Law is not presently being applied, notwithstanding the creation of the Business Competition Commission.
Under the law, is the control test the same as the EU concept of
Competition
PRACTICE NOTES
1. Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Myanmar?
In general, merger oversight in Myanmar is set out in the Competition Law 2015 (the Law) and the Competition Rules (the Rules). The Competition Commission (the Commission), established in Yangon, comprises a chair and members of the intelligentsia, being individuals holding the rank of Union Minister, together with other qualified persons from relevant ministries and government departments. As stipulated in the Rules, the Commission also includes one representative from the Ministry of Commerce, the Union Attorney General’s Office, the Ministry of Home Affairs, the Ministry of Transport and Communications, the Ministry of Industry, and the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI) along with its affiliated
Competition
PRACTICE NOTES
NOTE—to check whether notification thresholds in Vietnam and worldwide are triggered, please consult: Where to Notify.
1. Have there been any recent developments regarding the Vietnamese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Vietnam?
In 2020, Vietnam promulgated Decree 35 on Detailed Regulations for Implementation of the Law on Competition dated 24 March 2020 (Decree 35), which became effective on 15 May 2020. This marked a pivotal step in putting into operation the competition framework envisaged under the Law on Competition dated 12 June 2018 (Competition Law).
The body designated under the Competition Law, the Vietnam Competition Committee (VCC), was established on 1 April 2023 and from that date assumed responsibility for the merger control regime.
Decree 35 introduced the following clarifications to merger control:
Notification thresholds, under which a
Competition
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