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Merger control in Asia - Pacific- Hong Kong, Japan, Malaysia, Philippines, China… (Antitrust in Asia #2)

2nd webinar of the "Antitrust in Asia: One Size Fits All?” Conference organised by Concurrences, in partnership with Baker McKenzie and O’Melveny. The second panel "Merger Control In Asia - Pacific: Hong Kong, Japan, Malaysia, Philippines, China…" with Reiko Aoki (Commissioner, Japan Fair Trade Commission), Iskandar Ismail (Chief Executive Officer, Malaysia Competition Commission),Laura Liu (Partner, Baker McKenzie), Philip Monaghan (Partner, O’Melveny Myers) and Krystal Uy Sia (Director for Mergers and Acquisitions Office, Philippine Competition Commission).

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SYNTHESIS

Laura Liu moderated the discussion.

Reiko Aoki

Under the Anti-Monopoly Law, merger review in Japan covers share acquisition, interlocking directorates, mergers, spin-offs, joint share transfers, and business acquisitions. The examination schedule has two phases. Phase I lasts thirty days and most cases are completed after Phase I. In some complex cases, merger cases move into Phase II, which can last up to ninety days after JFTC receives all the reports it needs to make a decision, or 120 days after filing, whichever is longer. There are thresholds for reporting requirements. However, the JFTC can also review non-notifiable transactions, which is particularly important in today’s changing economy where there is uncertainty about the exact nature of the market or what may result in the future.

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Speakers

  • Malaysia Competition Commission (Kuala Lumpur)
  • Japan Fair Trade Commission (Tokyo)
  • O’Melveny & Myers (Hong Kong)
  • Baker McKenzie (Beijing)
  • Philippine Competition Commission (Quezon City)