Drew & Napier LLC
1 Contributions by Drew & Napier LLC
PRACTICE NOTES
ASEAN merger control
At present, nine of the ten Association of Southeast Asian Nations (ASEAN) Member States—Brunei, Cambodia, Indonesia, Lao People’s Democratic Republic, Myanmar, the Philippines, Singapore, Thailand and Vietnam—have embedded merger control within their respective competition legislation.
Malaysia is the outlier. The Malaysian Competition Act 2010 (Competition Act 2010) presently contains no merger control provisions. The Malaysia Competition Commission has nevertheless indicated an intention to establish a merger control regime and issued a public consultation in 2022. As at 25 August 2025, these measures have not been put into effect, although it is anticipated that a regime will be introduced in the near future.
The 2010 ASEAN Regional Guidelines on Competition Policy (Regional Guidelines) explain that, where a staggered rollout is envisaged, merger rules should be the final element, reflecting the complexity of analysing merger matters. In short, the Guidelines acknowledge that ASEAN member states may opt to
Competition
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