Provided that they are free and fair, the polls are likely to have a major influence over the future political direction of the. Citation and commencement of this law and definitions a this law shall be called the myanmar companies law. Kam observed that today seven of the asean countries have established a competition law brunei and myanmar are the most recent additions, having passed their competition law earlier this year. Cheah swee gim and maria gabriela dorotan of kelvin chia yangon in myanmar discuss the countrys competition law. This is a new law, the first time we have had one in myanmar on competition, so we should use it fairly instead of blaming each other, he said. Diversity of national competition laws in the asean region and. Checkley consultants for the freedom of association and social dialogue project, ilo office for myanmar and coordinated by christopher land. This aims to introduce internationally recognised antitrust notions into myanmar law and create a level playing field between domestic and foreign businesses.
Myanmar s commercial landscape, which until recently was r state sponsored ife with monopolies, heads into a new phase as the president signed the competition law 2015 into force on 24 february 2015 2015 pyidaungsu hluttaw law no 9 the act. In february 2015, the government released for public comment a draft investment law of 2015 that, when ratified, will consolidate and replace the myanmar citizens investment law of july 20 i. Myanmar special economic zone law, 2014 2014, the pyidaungsu hluttaw law no. The foreign investment law would provide a more secured legal environment to the investors in the quasivirgin market of myanmar. Recently a new draft of the myanmar companies law 2015 was released. Delivering affordable internet in myanmar an internet cafe in pyinmana, mandalay region, myanmar. Overview of competition law in myanmar competition. Handbook on competition policy and law in asean for. As outlined in the aec blueprint, all asean member states amss will endeavour to introduce competition policy by 2015.
Home law library laws and regulations laws myanmar laws 1988until now union solidarity and development party laws 20122016 myanmar laws 2015 pyidaungsu hluttaw law no. Telenor and ooredoo introduced competition to the market in 2014 see ict market. One of the biggest challenges of working in myanmar is the lack of trust created by five decades of military rule, in which the law was used as a weapon of control. An overview of myanmars forthcoming competition law by. Myanmar 2015 general elections fact sheet page 5 of 7 the uec is a mixed model emb, composed of a constitutionally mandated independent election commission, the uec, and a secretariat that is supported with resources and personnel from the general.
Myanmar business guide 5 pwc myanmar is located at. Page 4 of 10 the law contains several positive references to the important role of media in society, and expands legal protection for media freedoms and the rights of media workers. Myanmar foreign investment law was issued in 2012 to promote and regulate foreign investments. This essay examines the nature of competition law objectives by visiting some of the theoretical and philosophical foundations underlying competition law. There are thirteen chapters for covering all business including such as trade and services.
Competition law, competitioncommission, country, myanmar, reports, unfair competition. The government passed a telecommunications law to facilitate this opening of the market. Building 3, nay pyi taw, the republic of the union of myanmar. Myanmar law library is a project designed by mlr company limited. On february 24, 2015, myanmar enactedits competition law the pyidaungsu hluttaw law no.
Pdf the objectives of competition law researchgate. Notification 1062018 of the union government released on 31 october 2018 appointed the various members of the commission. On 24 february 2015, the parliament of myanmar signed off on the longawaited new myanmar competition law 2015, pyitaungsu hluttaw law no. While the rules provide no material guidance on the interpretation and application of the substantive. More than 77 businessrelated laws and 149 regulations are translated in english. Recent legislation, such as the foreign investment law and new companies law, among other economic reforms continue to advance the countrys economic development. The new law on competition dated 12 june 2018 replaces the law on competition 2004. E 24 february, 2015 the pyidaungsu hluttaw hereby enacts this law. Myanmar law library ignorantia juris neminem excusat.
Judging from the scope of the act and the serious penalties laid out in it for any breach, it seems myanmar aspires to follow the example of strong antitrust regimes in the region, such as malaysia, singapore, and beyond. Vdb loi said the penalties are provided for acts restricing. It argues that asean can look at the eu experience and use the eu competition law regime as a source or reference for developing its own model of competition policy and legal instruments. Understanding the law of contract in myanmar by andrew. Myanmars competition law was enacted in 2015 and the myanmar competition commission was formed in october 2018, to take responsibility for enforcing the law. Furthermore, on 21st of december 2015, the office of the president of the republic of union of myanmar announced that myanmars competition law will come into force from 24th of february, 2017. The competition law will come into force at a time determined by the president and is currently awaiting the expiry of the statutory 90day waiting period within which the myanmar government is to introduce rules and. We estimate that myanmar needs to increase its road network from 157,000 km to about 260,000 km just to connect all the villages. Myanmar transport sector policy note 3 3 dense, but the roads are much narrower than those in bangkok. Law amending the myanmar citizens investment law pyidaungsu hluttaw law no.
Laws, decrees, bills and regulations relating to business. Abdullah and partners 2015, the central peoples government of the peoples. The key objectives of competition law are welfare, efficiency, and free and fair competition. This is the next step towards the active implementation of the myanmar competition law 2015, which took effect in february 2017. Any assumption that the general law of contract in myanmar can simply be found and understood by reading. Competition needed for growth 20 markets, technologies, talent crucial as competition increases 21. It has also developed a competition policy and law for business in asia, both to increase awareness and facilitate compliance for business. The regionalisation of competition law and policy within the asean. On february 24, 2015, myanmar enacted its competition law the pyidaungsu hluttaw law no. This law shall be called the myanmar special economic zone law, 2014. China, madagascar, maldives, mauritania, myanmar, niger, nigeria, oman.
Pdf on aug 1, 2015, cassey lee and others published the objectives of competition law find. The competition law the pyidaungsu hluttaw law no9, 2015 the 7th waxing day of taboung, 76 m. Myanmar 2015 2016 internet freedom status not free not free. The longawaited myanmar competition commission has been appointed. Although further rules under the law are still to be released, the law itself is now in effect. For further translations of laws and other legal texts, please contact. The guidelines on competition policy is a pioneering attempt to achieve the stated goal of ensuring asean as a highly competitive economic region as envisaged in the asean economic community aec blueprint, in particular the introduction of nationwide competition policy and law by 2015. The governing scope of the new loc expands to any practices which have or potentially have a competitionrestraining impact on vietnamsmarket. The key objectives of competition law are welfare, efficiency, and free and fair. Like other antitrust laws, the law also introduces a merger control regime in the country. Myanmars ministry of commerce moc issued the competition rules notification no. Moving forward, the aegc is committed to focus its work on establishing enforceable competition rules, putting in place effective institutional mechanisms for the implementation of competition law, creating. Others focus on the us antitrust law or eu competition law only.
To level the playing field amongst businesses and promote a culture of fair competition, the pyidaungsu hluttaw law no. The current plans to change the competition law in viet nam are an opportunity to adapt the competition law and institutions to international best practices. The firm has local and international client base giving us sizable influence throughout the republic of the union of myanmar. This working paper aims at analysing whether eu competition law could serve as a template for asean. Updated draft of the myanmar companies law 2015 please find below a short summary on the most important proposed amendments. Acknowledgements the guide was elaborated by jason judd and janet c. Myanmar s ministry of commerce moc issued the competition rules notification no. This was replaced by the myanmar investment law in 2016 so as to combine the regulation of both foreign and domestic investments under one set of laws. Mlmb covers every law included in burma code, in addition to every myanmar law enacted since 1948 when myanmar became independent. The much anticipated myanmar competition law, which was passed in february 2015, finally came into force on 24 february, 2017. Indonesia, singapore, malaysia, thailand, vietnam, philippines, myanmar have the national competition laws to supervise anticompetitive conduct in the domestic market.
Myanmars trunk rail lines need modernization, but the tertiary network should be scaled down. There are distributive dimensions in competition law that are related to different notions of welfare consumer surplus and producer. Outside the arbitration field, the myanmar competition law coming into force in february 2017. In 2017, the century old companies law was substantially revised. The competition law the pyidaungsu hluttaw law no9, 2015 the. The ilo guide to myanmar labour law is funded by european union, norway, switzerland united states and the ilo. The protection and preservation of ancient monuments law. In mldb, myanmar laws which are categorized according to year of issue and area of laws are available. Resulting from more than two years of negotiations which have involved several ministries, the competition law has been issued on february 24th 2015. Mlr company limited is a smallsize business law and advisory firm established in yangon. The myanmar citizens investment law, pyidaungsu htluttaw law no. The objective of the act, similar to other competition laws rom f.
In spite of a matter being very little known, this law is nevertheless well in line with the main trends occurring within myanmars legislative system. On 24 february 2015, the competition law was enacted in myanmar. A new draft foreign investment bill published in 2015. Pdf rationales for the implementation of competition law in eu. The president announced late last year that the myanmar competition act will come into force in february 2017. A new arbitration law for myanmar arbitration blog. The competition law will come into force at a time determined by the. It is expected that the draft will be submitted to parliament shortly. What is the law of contract in myanmarburma and how far does it differ from modern english contract law. The national league for democracy nlds landslide victory in the november 2015 election was a major step forward for myanmars political and economic future. The objectives of the competition law of myanmar are. There is now a statutory 90day waiting period, during which it is understood that the parliament should introduce rules and regulations to implement the act.