PROCEDURES ON COMPLAINT AND SETTLEMENT OF COMPETITION CASES

Competition in business is an extremely diverse and popular activity among individuals and business organizations. However, when the competition shows negative signs, violates the law, and infringes upon the legitimate interests of other individuals and organizations, they have the right to complain to the competent authority to prevent these behaviors. Here is some of our advice regarding procedures on complaint and settlement competition cases.

1. Procedures for complaints and settlement of unfair competition cases

Step 1: Submit the complaint file to National Competition Commission (NCC)

Organizations and individuals who consider that their lawful rights and interests have been infringed as a result of a breach of the provisions of the law on competition have the right to lodge a complaint with the NCC about a competition case.

A complaint file comprises:

• Complaint application on the standard form issued by the NCC;

• Evidence proving that the contents of the complaint are well grounded and lawful;

• Other relevant information or evidence which the complainant considers necessary to resolve the case.

The limitation period for lodging a complaint is three (03) years from the date on which the act indicating a breach of the law on competition was conducted.

Note: Complainants must be responsible for the truthfulness of the information and evidence they submit to the NCC.

Step 2: NCC receives and considers complaint file

The NCC, within seven (07) working days from the date of receipt of a complaint file, is responsible to consider the completeness and validity of the file; if the file is complete and valid, the NCC shall:

• Notify the complainant of the receipt of the file; and

• Notify the defendant.

The NCC, within fifteen (15) days from the date of notification to the parties, considers the complaint file; if the complaint file fails to satisfy the requirement, the NCC notifies the complainant in writing thereof for the complainant to supplement the file.

The time-limit for supplementing the complaint file is no more than thirty (30) days from the date of receipt of the notice requesting addition to the complaint file. The NCC may extend the period for supplementing the file once for no more than fifteen (15) days at the request of the complainant.

Note: Within these time-limit mentioned in this step, the complainant has the right to withdraw the complaint file and the NCC then ceases its consideration of the complaint file.

Step 3: NCC investigate competition cases

The Head of the Competition Investigation Agency makes a decision on the investigation of a competition case.

Time-limit for investigating competition cases:

• The time-limit for investigating a case of restraint of competition is nine months from the date of the decision to conduct an investigation and may be extended once for no more than three months in complex cases.

• The time-limit for investigating a breach of the provisions on economic concentration is ninety (90) days from the date of the decision to conduct an investigation and may be extended once for no more than sixty (60) days in complex cases.

• The time-limit for investigating an unfair competitive case is sixty (60) days from the date of the decision to conduct an investigation and may be extended once for no more than forty-five (45) days in complex cases.

Note: Any extension of the time-limit for an investigation must be notified to the investigated party and all parties concerned at least seven working days prior to the expiry of the time-limit for investigation.

Step 4: Dealing with competition cases

The Chairman of the NCC must, within 30 days (with economic concentration case), 15 days (with unfair competition cases) from the date of receipt of a file on a case, an investigation report and conclusions of an investigation, issue one of the following decisions:

• Dealing with the competition case;

• Requesting that the Competition Investigation Agency conduct an additional investigation in cases where it is realized that the collected evidence is insufficient to determine practice in breach of the law on competition. The time-limit for an additional investigation is thirty (30) days from the date of issuing the decision;

• Staying resolution of the competition case.

Note: Particularly for the cases of restraint of competition, the Chairman of the NCC must, within fifteen (15) days from the date of receipt of a file on a case, an investigation report and conclusions of an investigation, issue a decision establishing a council for dealing with a competition-restraining case in order to deal with such case.

2. Other notes

A decision resolving a competition case shall be legally effective from the date of expiry of the time-limit for a complaint against a decision resolving a competition case (30 days from the date of receipt of a decision resolving a competition case).

In addition to the case of receiving a complaint as mentioned in this article, The Head of the Competition Investigation Agency may also make a decision on the investigation of a competition case in the event that The NCC discovers a practice showing signs of a breach of the law on competition within three years from the date on which the practice showing signs of a breach of the law on competition was conducted.

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