Page 436 - Regional Comprehensive Economic Partnership (RCEP)

Article 13.3: Appropriate Measures against Anti-Competitive
1
Activities

1. Each Party shall adopt or maintain competition laws and
2
regulations to proscribe anti-competitive activities , and shall
enforce those laws and regulations accordingly.

2. Each Party shall establish or maintain an authority or authorities
to effectively implement its competition laws and regulations.

3. Each Party shall ensure independence in decision making by its
authority or authorities in relation to the enforcement of its
competition laws and regulations.

4. Each Party shall apply and enforce its competition laws and
regulations in a manner that does not discriminate on the basis of
nationality.

5. Each Party shall apply its competition laws and regulations to all
entities engaged in commercial activities, regardless of their
ownership. Any exclusion or exemption from the application of
each Party’s competition laws and regulations, shall be
transparent and based on grounds of public policy or public
interest.

6. Each Party shall make publicly available its competition laws and
regulations, and any guidelines issued in relation to the

1 This Article is subject to:

(a) Annex 13A (Application of Article 13.3 (Appropriate Measures against
Anti-Competitive Activities) and Article 13.4 (Cooperation) to Brunei
Darussalam);

(b) Annex 13B (Application of Article 13.3 (Appropriate Measures against
Anti-Competitive Activities) and Article 13.4 (Cooperation) to
Cambodia);

(c) Annex 13C (Application of Article 13.3 (Appropriate Measures against
Anti-Competitive Activities) and Article 13.4 (Cooperation) to Lao
PDR); and

(d) Annex 13D (Application of Article 13.3 (Appropriate Measures against
Anti-Competitive Activities) and Article 13.4 (Cooperation) to
Myanmar).

2 Examples may include anti-competitive agreements, abuses of a dominant position,
and anti-competitive mergers and acquisitions.

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