Department of Trade

The Fifth ASEAN Framework Agreement on Competition (AFAC) Negotiation was held virtually on 13 September 2023.

The Meeting was held in plenary and attended by all ASEAN Member States (AMS), and the ASEAN Secretariat. The Meeting was chaired by Ms. Lolibeth Ramit-Medrano, Commissioner of the Philippine Competition Commission (PCC), Chair of the AFAC Negotiation.

The meeting discussed on the draft text, focusing on concluding the negotiation of Article(4) Appropriate Measures against Anti-Competitive Activities and Article(5) .

The ASEAN Framework Agreement on Competition (AFAC) was aimed to use as a legal framework to strengthen cooperation within the ASEAN region and to facilitate the exchange of competition related information among ASEAN member states.

The 3rd meeting on the review of Competition law and rules was held in hybrid both in-person and online on 12 September, 2023.

The meeting was chaired by the Vice-chairman of Myanmar Competition Commission.

The members of Myanmar Competition Commission and the officials from Commission Office were present.

The attendees discussed the strength and weakness of the implementation of the law and drafting the proposed amendment text to upgrade.

          “Competition Policy in Free Trade Agreements” Webinar for ASEAN organized by ASEAN and the International Trade Centre was virtual held on 29th August 2023.

          Representatives from the Competition in ASEAN member States, ASEAN Secretariat and Competition Experts from International Trade Centre attended the webinar.

          In recent years, free trade agreements, both bilateral and regional, have been proliferating. At the same time, the inclusion of competition provisions in trade agreements has also increased and the scope of these provisions has evolved.

          Competition in markets and trade liberalization are interrelated, with competition policy and trade being mutually reinforcing. Greater trade liberalization spurs increased competition and in turn markets offer more choice and better prices, increasing the welfare of consumers and contributing to economic growth. This results in the expansion of consumption possibilities across borders.

          WTO members have long recognized the link between competition and trade policies. Even though, there is not yet an agreement at the multilateral level. There are provisions in various WTO Agreements that are relevant in specific cases of anti-competitive practices.

          It is important for governments and negotiators to be aware of the reasons for including competition provisions in Free Trade Agreements (FTAs) and Digital Economy Agreements (DEAs), the content of such provisions, whether countries are receiving special and differential treatment from developed trading partners, how provisions might benefit or effect sensitive sectors, and what are the costs to implement such provisions. As such, negotiators need to have a good understanding of the pricate sector’s needs and priorities, the goals of competition authorities, and what a negotiating partner might request during the negotiation.

          In this context, ASEAN recently strengthened the AANZFTA with augmented provisions on competition and consumer protection. Efforts are currently underway as ASEAN continues negotiating rounds for FTAs with China and Canada, as well as among the ASEAN Member States for the ASEAN Framework Agreement on Competition (AFAC).

          This webinar, organized by the International Trade Centre (ITC) in collaboration with the WTO Secretariat is for the benefit of ASEAN Member States (AMS) competition authorities, AMS trade negotiators and the ASEAN Secretariat.

          This webinar aims to enhance awareness of:

• The place competition policy occupies in different WTO Agreements, as well as an overvies of competition policy-related provisions in FTAs/ DEAs signed by economies in Asia.
• Trade negotiations skills and hypothetical scenarios relevant to the negotiation of competition chapters.
• The role of the private sector and importance of incorporating these perspectives in negotiations.