Introduction to the APEC Competition Policy and Law Database

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• Background

Competition policy has emerged as an important aspect of international business. Businesses operating within the Asia Pacific region are no exception. Competition policy is complex and varies greatly from member to member. Some APEC member economies have laws dating back more than a century, some have relatively recent laws, and others still have no laws at all. Recognizing this disparity of conditions among member economies, gathering and collating information and the establishment of a regional database is one essential step towards narrowing the competition information gap among member economies.

The first section of collective actions in the Osaka Action Agenda states that, "APEC economies will, gather information and promote dialogue on and study,... the objectives, necessity, role and operation of each APEC economy's competition policy and/or laws and administrative procedures, thereby establishing a database on competition policy,..." The APEC economies have thus collectively recognized the importance of information availability in the implementation of competition policies and laws. The information gathering exercise provides an opportunity for economies to share experiences and to exchange views on complex issues of competition policy and law. On January 27, 1997, the APEC member economies accepted an offer from Chinese Taipei to set up APEC Competition Policy and Law Database (the Competition Policy and Law Database) on regional competition laws and policies.

The Competition Policy and Law Database will offer its services not only to the government agencies within member economies but also to the private sector, including academic organizations, scholars and other experts as well as enterprises. The completion of the Competition Policy and Law Database will complement the information gathering exercise identified by APEC economies in the first section of the Osaka Action Agenda, and achieve Bogor Declaration objectives of free trade and investment by 2010/2020.

• Content of the APEC Competition Policy and Law Database

The APEC Competition Policy and Law Database will provide instant access to the various competition policies and laws in force within APEC member economies. The database contains fourteen categories of information regarding twenty-one APEC member economies' competition policies and/or laws as follows:

1. Policy Statements

To include the Individual Action Plan on competition policy and deregulation, and policy statements by heads of competition authorities.

2. Competition Policies/Laws

To include competition laws, guidelines, explanations and proposed amendments.

3. Organizational Structure

To include organic statutes establishing responsible agencies for the enforcement of competition law, division of responsibilities between departments, numbers of employees, task forces, inquiry points, district offices and other affiliated organizations.

4. Administrative Procedures

To include investigation procedures for complaints filed by private parties, and the procedures for merger applications, and applications for exemptions, and the issuance of formal decision letters and notifications.

5. Decision Guidelines

To include rules and guidelines used to reach decisions.

6. List of publications and subscription details

For newsletters, journals and magazines.

7. Q & As

To include questions and responses to one hundred questions equally divided between those common to all economies and those that address issues specific to individual economies. The fifty common questions are based on the survey conducted by the New Zealand member economy. The individual economies are responsible for compiling the other questions specific to their own economy.

8. Decisions of Administrative or Quasi-Judicial Agencies

To include decisions, approvals, advisory opinions, and interpretation rulings. In general, each case description should not exceed 2000 words.

9. Judicial Cases

To include, for example, court decisions relevant to competition law. Each case description should not exceed 2000 words.

10. International and/or Bilateral Cooperation Arrangements

To include agreements, arrangements, memoranda, letters of understanding and other relevant documents.

11. List of Academics and Specialists

This category includes private information and can be provided on a voluntary basis.

12. Issues Related to Competition Laws

To include consumer protection laws and other related trade issues such as anti-dumping laws.

13. Statistical Data

To include statistics on complaints, decisions, requests for advisory opinion or interpretation, applications for merger approval or exemption and other related statistics.

14. Announcement

This section will provide members an opportunity to announce the latest related activities which may be of interest to other members, such as meetings, seminars, and news.

Users of the Competition Database can search the contents clicking the search icon on the home page or they may select any of the APEC member economies and browse specific categories.

The website of the APEC Competition Policy and Law Database not only provides an information service for all APEC member economies, but also plays an intermediary role for access to other sites related to competition policies and laws, such as the APEC member economies' own website, non-APEC countries related sites and international organization related sites (including, e.g., those of the United Nations, UNCTACD, World Trade Organization, OECD and European Commission).

Fourteen categories of information in the APEC Competition Policy and Law Database are currently available for research. With the establishment phase of the database completed, the main task now is its maintenance.

• Contribution of APEC Member Economies

Chinese Taipei assumed full responsibility and bore the costs for both computer hardware and software associated with the establishment of this Database. However, all information included in this website was provided by and will be updated by each of the respective APEC member economies. The cooperation and support from member economies' contact persons and agencies have made possible making the Competition Policy and Law Database available for public access on schedule. In particular the following agencies from each member economies are acknowledged for their contribution to this Database.

1	Australia	Competition and Consumer Policy Division, The Treasury Australian Competition & Consumer Commission(ACCC)
2	Brunei Darussalam	International Relations and Trade Development, Ministry of Industry and Primary Resources
3	Canada	Competition Bureau Competition Tribunal
4	Chile	Fisccalia Nacioal Economica Tribunal de Defensa de la Libre Competencia
5	China	State Administration for Industry & Commerce of the People's Republic of China
6	Hong Kong, China	Trade and Industry Department, the Government of the Hong Kong SAR
7	Indonesia	Commission for the Supervision of Business Competition(KPPU)
8	Japan	Japan Fair Trade Commission(JFTC)
9	Korea	Korea Fair Trade Commission(KFTC)
10	Malaysia	Ministry of Domestic Trade and Consumer Affairs Ministry of International Trade and Industry（MITI）
11	Mexico	Federal Competition Commission
12	New Zealand	Commerce Commission Regulatory and Competition Policy Branch, Ministry of Economic Development
13	Papua New Guinea	Independent Consumer & Competition Commission
14	Peru	Defense of Competition Chamber, INDECOPI Free Competition Commission, INDECOPI
15	Philippines	Bureau of Trade, Regulation and Consumer Protection(BTRCP)
16	Russia	Federal Antimonopoly Service(Russian Federation)
17	Singapore	Competition Commission of Singapore(CCS)
18	Chinese Taipei	Fair Trade Commission
19	Thailand	Trade Competition Commission, Department of Internal Trade
20	USA	Antitrust Division, Department of Justice Federal Trade Commission
21	Viet Nam	Ministry of Trade

 

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