Penalties and enforcement

Ray Steinwall

Chapter Chapter 10 in Competition Law in ASEAN, 2025, pp 529-635 from Edward Elgar Publishing

Abstract: This chapter discusses the enforcement powers available to the competition agencies of each ASEAN Member State (AMS) during and upon completion of an investigation of a contravention of the competition law. During an investigation a competition agency may impose interim measures on a person to cease conduct pending completion of an investigation. They may also accept commitments or undertakings from a person to cease or amend conduct found to be in breach. The chapter discusses the nature of those orders. The chapter discusses the sanctions available for breaches of the competition law. That includes financial penalties, variously described within AMS as administrative, financial or civil, and the imposition of criminal penalties. The chapter describes the availability of leniency within each AMS, its scope and operation. Most of the AMS also allow their competition regulators to make other orders and to proceed against persons for committing ancillary offences which relate broadly to obstructing the efficient enforcement of the competition law. The chapter describes those other orders and the ancillary offences in each AMS.

Keywords: Interim measures; Penalties; Fines; Commitments; Leniency; Ancillary offences (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035320110
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