Page 437 - Regional Comprehensive Economic Partnership (RCEP)

Article 13.3: Appropriate Measures against Anti-Competitive administration of such laws and regulations, except for internal
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Activities operating procedures.

1. Each Party shall adopt or maintain competition laws and 7. Each Party shall make public the grounds for any final decision or
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regulations to proscribe anti-competitive activities , and shall order to impose a sanction or remedy under its competition laws
enforce those laws and regulations accordingly. and regulations, and any appeal therefrom, subject to:

2. Each Party shall establish or maintain an authority or authorities (a) (i) its laws and regulations;
to effectively implement its competition laws and regulations.
(ii) its need to safeguard confidential information; or
3. Each Party shall ensure independence in decision making by its
authority or authorities in relation to the enforcement of its (iii) its need to safeguard information on grounds of
competition laws and regulations. public policy or public interest; and

4. Each Party shall apply and enforce its competition laws and (b) redactions from the final decision or order on any of the
regulations in a manner that does not discriminate on the basis of grounds referred to in subparagraphs (a)(i) through (iii).
nationality.
8. Each Party shall ensure that before a sanction or remedy is
5. Each Party shall apply its competition laws and regulations to all imposed on any person or entity for breaching its competition laws
entities engaged in commercial activities, regardless of their or regulations, such person or entity is given the reasons, which
ownership. Any exclusion or exemption from the application of should be in writing where possible, for the allegations that the
each Party’s competition laws and regulations, shall be Party’s competition laws or regulations have been breached, and
transparent and based on grounds of public policy or public a fair opportunity to be heard and to present evidence.
interest.
9. Each Party shall, subject to any redactions necessary to
6. Each Party shall make publicly available its competition laws and safeguard confidential information, make the grounds for any final
regulations, and any guidelines issued in relation to the decision or order to impose a sanction or remedy under its
competition laws and regulations, and any appeal therefrom,
available to the person or entity subject to that sanction or
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1 This Article is subject to: remedy.

(a) Annex 13A (Application of Article 13.3 (Appropriate Measures against 10. Each Party shall ensure that any person or entity subject to the
Anti-Competitive Activities) and Article 13.4 (Cooperation) to Brunei imposition of a sanction or remedy under its competition laws and
Darussalam); regulations has access to an independent review of or appeal

(b) Annex 13B (Application of Article 13.3 (Appropriate Measures against against that sanction or remedy.
Anti-Competitive Activities) and Article 13.4 (Cooperation) to
Cambodia); 11. Each Party recognises the importance of timeliness in the
handling of competition cases.
(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. 3 This paragraph shall not apply to a jury verdict in a criminal trial.

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