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Competition and Trade

Competition and Trade

Key Contacts

Cambodia

Laos

Myanmar

Thailand

Vietnam

Jay Cohen

     +855 23 964 210

     [email protected]

Prisna Sungwanna

     +66 2056 5656

     [email protected]

Derrick Khoo

     +66 2056 5618 (TH) | +95 9 782 655 556 (MM)

     [email protected]

Yuwadee Thean-ngarm

     +95 9 772 440 002

     [email protected]

Kobkit Thienpreecha

     +66 2056 5534

     [email protected]

Michael Ramirez

     +66 2056 5794

     [email protected]

Tram Ngoc Bich Nguyen

     +84 28 6284 5668

     [email protected]

Tu Ngoc Trinh

     +84 24 3772 5556

     [email protected]

OVERVIEW

Our practices are rooted in a deep and practical understanding of cross-border movement of goods and capital in Southeast Asia.

Tilleke & Gibbins provides real-world advice on antitrust and competition laws, including merger control and notifications, price-fixing, abuse of dominance, cooperation among competitors, antidumping, and countervailing duties. We understand the realities of business development in Southeast Asia and can help you create effective and compliant action plans for market entry and expansion.

Our regional trade practice is rooted in a deep understanding of the cross-border movement of goods and capital in Southeast Asia, and our dynamic practice represents clients in such diverse fields as life sciences, consumer products, financial services, technology, raw materials, and logistics. We advise on every aspect of trade, including valuations and customs investigations and compliance, origin and exporter verification, movement of hazardous materials, logistics and warehousing, import/export controls, and international treaty frameworks.

Case Studies
Regional | Technology | Competition and Trade

Comprehensive Overview of Regional Antitrust and Competition Frameworks

Engaged by a Chinese multinational electronics company to prepare a comprehensive overview of the local regulatory frameworks applicable to antitrust and competition law in Myanmar, Thailand, and Vietnam (as well as in Malaysia and the Philippines through our extensive legal network).

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Experience

  • Advising a world leader in flexible liquid packaging solutions on the Thailand elements of its USD 585 million global acquisition of a plastics manufacturer. We assisted the client on the entire transaction, from negotiation, to due diligence (including antitrust due diligence), to completion, including extensive advice and representation on Thailand’s new merger control regime, which came into force in the course of the transaction and imposed pre-merger and post-merger approval notification requirements.
  • Represented a global insurance operator on the Thailand and Myanmar elements of their USD 6.5 billion global acquisition of the another major player in the industry. Among other things, this work involved an extensive due diligence report which covered antitrust and competition regulations in each respective jurisdiction.
  • Defended a leading global logistics company in three separate criminal actions brought by the Thai Customs Department with potential fines in excess of USD 15,000,000. After a defense put forth at the prosecutorial review stage, the Public Prosecutor issued non-prosecution orders in favor of our client. These orders have since been confirmed and this case is final.
  • Acted for a global chemical manufacturing giants on various Indochina elements of a vast global acquisition and USD 1.6 billion asset swap with another leader in the sector. Our team successfully assisted the client in handling the deal in Cambodia, Thailand, and Vietnam, for which we conducted due diligence and advised on antitrust and competition law. We were also retained to continue advising on a number of post-acquisition matters.
  • Represented a subsidiary of a global multimodal transportation provider in a case worth THB 24,000,000. Secured emergency relief in Thailand’s Intellectual Property and International Trade Court, allowing the client to remove the cargo from its vessel.
  • Advised a global financial services provider on antitrust matters in connection with a potential acquisition and the launch of potential new lines of business in Thailand.
  • Advised one of the largest furniture and household goods manufacturers and retailers in the world on antitrust and tax implications of intercompany sale transactions in relation to their business operations in Thailand.
  • Instructed to advise a leading international e-commerce company on competition and regulatory (licensing) matters in Vietnam in connection with a significant acquisition by another leading e-commerce company.
  • Providing training to several major companies on antitrust laws and regulations in the region, including market-leaders in the banking and finance sectors, chemical manufacture and distribution, infrastructure, food and nutrition, personal care and pharmaceuticals, technology, and infrastructure sectors.

PROFESSIONALS

RELATED INSIGHTS

November 3, 2023
Vietnam’s new Law on Protection of Consumer Rights No. 19/2023/QH15 (CPL 2023) was promulgated by the National Assembly on June 20, 2023, and will replace the existing Law on Protection of Consumer Rights No. 59/2010/QH12 (CPL 2010) when it enters into effect on July 1, 2024. The main points of interest of the CPL 2023 are summarized below. 1. Definition of Consumer Under the CPL 2023, a consumer is defined to be “a person who purchases and/or uses products, goods and services with the aim of consumption for daily needs of individuals, families, or organizations, and not for commercial purposes” (Article 3.1). Compared to the CPL 2010, this definition introduces the phrase “and not for commercial purposes” to emphasize the exclusive focus on the consumption of goods and services. However, the CPL 2023 retains the use of the term “person” for defining a consumer, leading to uncertainty regarding whether an organization or a family can qualify as a consumer. Similarly, the CPL 2023, as in the CPL 2010, maintains an ambiguous comma between “purchase” and “use,” so it remains somewhat ambiguous whether purchase (without use) or use (without purchase) of goods/services is sufficient to qualify as a consumer under the law. 2. Vulnerable Consumers The CPL 2023 introduces a new concept known as the “vulnerable consumer.” This term pertains to a consumer who, at the time of purchase or use of products/services, is potentially subject to various adverse situations in terms of information access, health, property, or dispute settlement. This category encompasses individuals such as the elderly and disabled, children, ethnic minorities, people of remote or economically difficult regions, pregnant women and breastfeeding mothers of infants under 36 months, individuals with severe illnesses, and members of poor households (Article 8.1). The rights and privileges of vulnerable consumers must be
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October 30, 2023
On October 9, 2023, Laos issued Presidential Decree No. 003, which raised excise tax rates for certain goods, effective immediately. The move to increase excise tax rates comes amid the marked depreciation of the Lao kip (LAK). The Lao government is trying to monitor and discourage imports of non-essential products in order to reduce the outflow of foreign currency from the country. Increasing the tax rate for some of these products is part of these efforts. The specific products and excise tax rates are listed in the table below.   This new rate policy is also in line with recent government efforts to encourage avoiding payment in foreign currency to prevent the depletion of foreign currency reserves in Laos. In this regard, commercial banks have already taken action to ration the supply of foreign currency by prioritizing imports of essential goods, such as fuel. The products listed above formalize this impetus to prioritize certain imports and discourage others deemed not essential. In addition, the increased excise tax rates on fuel-powered vehicles show the commitment of the Lao government to move toward electric vehicles, which would also lessen the country’s dependence on fuel imports. For more information on these excise tax changes, or on any aspect of Laos’ international trade regulations, please contact Tilleke & Gibbins at [email protected].
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October 17, 2023
On June 20, 2023, Vietnam’s new Law on Protection of Consumers’ Rights (“CPL 2023”) was officially promulgated, followed two days later by a new Law on E-Transactions (“LOET 2023”). The new laws, which will both take effect from July 1, 2024, replacing the CPL 2010 and the LOET 2005, respectively, provide new regulations for e-commerce platforms and will impact e-commerce activities in Vietnam. Some of the more significant changes are outlined below. Law on Protection of Consumers’ Rights Regulation of offshore entities: Previously, the CPL 2010 regulated only organizations and individuals in the territory of Vietnam. Under the CPL 2023, both onshore and offshore agencies, organizations, and individuals related to protecting consumers’ rights are regulated. In other words, Vietnam intends to monitor and manage activities of platforms with no legal presence in Vietnam. Remote transactions: Previously, the laws on consumer protection regulated “remote contracts.” The CPL 2023 introduces and defines “remote transactions” as transactions made online, by electronic means or by other means wherein consumers cannot check or have direct contact with products, goods or services before participating in the transaction. In addition, the CPL 2023 also provides for additional responsibilities of business entities offering remote transactions such as adequately and precisely providing consumers with information when entering into these remote transactions, including the rights of consumers in case of incomplete or inaccurate provision of information and complaint handling mechanisms. Online businesses: The CPL 2023 introduces “online businesses,” which are defined as (i) those trading products, goods, and services via their self-established platforms or digital platforms or (ii) those establishing or operating intermediary digital platforms. According to the Vietnam Competition Commission in a recent workshop, the definitions of “digital platforms” and “intermediary digital platforms” can be referred to in the LOET 2023 (see below). Under this new category, online
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September 26, 2023
Cambodia has issued a set of regulations that aim to encourage greater energy efficiency from appliances marketed in the country. The regulations follow Cambodia’s adoption of its National Energy Efficiency Policy, which sets out the government’s energy efficiency targets and policies to reach them by 2030, including the ambitious national target of reducing the country’s total energy consumption by at least 19%. This set of regulations for appliances marketed in Cambodia is contained in Sub-Decree No. 254 on the Management and Improvement of Energy Efficiency of Electrical Appliances, dated August 11, 2023. This sub-decree sets out product registration and energy efficiency labeling requirements for electrical appliances marketed in Cambodia. It further provides that appliances should meet energy efficiency standards and all other mandatory standards that apply to electrical appliances. During the product registration process, the appliances are checked against such standards, and registration is only granted if the standards are met. The sub-decree identifies the Ministry of Mines and Energy as the main ministry responsible for the implementation of the sub-decree. To assist with the wide scope of regulations as set by the sub-decree, it further appoints assisting ministries that may implement and enforce only certain aspects. These effective implementation and enforcement mechanisms suggest that once the sub-decree’s 12-month implementation period has passed, there is likely to be a rather strict enforcement approach to the requirements. Key Features of the Sub-Decree Several mandatory standards have already been applied to most electrical appliances over the past years, but the required product registration process to check for compliance with those standards has not always been completed by those importing, distributing, or manufacturing electrical appliances in Cambodia. The new sub-decree clearly mandates a product registration requirement as a check to verify the applicable standards are met, and sets penalties for non-compliance. Penalties
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AWARDS & RANKINGS
January 18, 2024
Tilleke & Gibbins once again earned high marks across all six jurisdictions in the 2024 rankings from The Legal 500 Asia Pacific, which was released on January 17. This year, Tilleke & Gibbins’ rankings reflect continued excellence in the practice area rankings, plus new individual recognitions for eight more Tilleke & Gibbins practitioners. In total, Tilleke & Gibbins received 30 practice rankings—over a third of which are Tier 1.  The firm’s Thailand office earned 15 practice-area rankings:  Tier 1: Dispute Resolution, Intellectual Property, Labor and Employment, TMT (Technology, Media, and Telecommunications), Tax  Tier 2: Banking and Finance, Capital Markets, Corporate and M&A, Customs and International Trade, Insurance, Projects and Energy, Real Estate and Construction, Restructuring & Insolvency, Transport  Tier 3: Dispute Resolution: International Arbitration  Tilleke & Gibbins’ offices in Vietnam received rankings for 10 practice areas:  Tier 1: Data Protection, Intellectual Property (International Firms), Labor and Employment, TMT  Tier 2: Corporate and M&A   Tier 3: Dispute Resolution: International Arbitration, Dispute Resolution: Litigation   Tier 4: Banking and Finance, Projects and Energy  Firms to Watch: Real Estate and Construction  Tilleke & Gibbins earned five additional practice-area rankings in Cambodia, Indonesia, Laos, and Myanmar:   Tier 1: Laos (General Business Law), Myanmar (Corporate and M&A)  Tier 2: Cambodia (General Business Law); Indonesia (Intellectual Property); Myanmar (Projects)   In addition to the practice-area rankings, a record number of Tilleke & Gibbins lawyers were honored with individual recognitions. The Tilleke & Gibbins practitioners included in the 2024 rankings from The Legal 500 Asia Pacific are listed below:  Alan Adcock – Thailand – Intellectual Property  Athistha (Nop) Chitranukroh – Thailand – Insurance, TMT Chaiwat Keratisuthisathorn – Thailand – Real Estate and Construction Charunun Sathitsuksomboon – Thailand – Corporate and M&A Chusert Supasitthumrong – Thailand – Labor and Employment Darani Vachanavuttivong – Thailand – Intellectual Property  David Mol
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December 14, 2023
The recently released 2024 edition of Chambers Asia-Pacific gives Tilleke & Gibbins high marks across all of the firm’s jurisdictions in Southeast Asia. In addition to the practice-area rankings, individual practitioners from the firm’s offices across the region received a record total of 35 individual rankings.
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December 1, 2023
Eight attorneys from Tilleke & Gibbins’ Bangkok office are included in the annual A-List of the top lawyers in Thailand from Asia Business Law Journal (ABLJ). The A-List, which aims to identify the top 100 lawyers in various Asian jurisdictions, is the result of extensive, in-depth market research conducted by ABLJ, including nominations and feedback from in-house counsel and law firm practitioners around the world. The following Tilleke & Gibbins lawyers are included in the prestigious list: Alan Adcock Charunun Sathitsuksomboon Darani Vachanavuttivong Kobkit Thienpreecha Nuttaphol Arammuang Pimvimol Vipamaneerut Thawat Damsa-ard Tiziana Sucharitkul The list is prefaced by an extensive analysis of the Thailand market, addressing some especially active practice areas as well as how legal professionals handle work in the country. To read the editorial and browse the full ABLJ A-List of Thailand’s top 100 lawyers, please visit the ABLJ website.
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September 27, 2023
At the Asialaw Awards 2023 ceremony held on September 26, Tilleke & Gibbins was the recipient of five awards—three firmwide and two individual. The excellence of the firm’s insurance practice was recognized across the region with the Regional Insurance Firm of the Year award. The accolade, which is based on in-house research and input from clients and industry commentators, recognizes Tilleke & Gibbins’ ability to provide top-tier legal services in the insurance sector across the region. Tilleke & Gibbins also won four Client Choice Awards, which celebrate exceptional client service and satisfaction. The awards, which span both firmwide and individual categories, include the following: Client Choice Award – Myanmar Firm of the Year Client Choice Award – Vietnam Firm of the Year Client Choice Award – Myanmar Lawyer of the Year: Yuwadee Thean-ngarm Client Choice Awards – Vietnam Lawyer of The Year (Honorable Mention): Thomas J. Treutler For more information on the Asialaw Awards 2023 and to browse a full list of the winners, please visit the Asialaw website.
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