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Asia antitrust watchdogs attack

Peter DahlJanuary 8, 2015

Antitrust fines in East Asia reached an all-time high in 2014 as authorities cracked down on cartels and bid-rigging. Again, enforcers in Japan and South Korea were the most aggressive.

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Antitrust penalties rose to record highs last year in East Asia as watchdogs bit back against cartels and bid-riggers, issuing fines of more than $1.7 billion (1.43 billion euros), new data compiled by Norton Rose Fulbright (NRF) showed Thursday.

This represents a 47-percent increase from 2013 and a 45-percent surge compared to the annual average for the previous five years.

Bid-rigging accounted for $962 million, or 56 percent, of total antitrust fines in 2014 - most of which were targeting graft in the construction and transportation sectors. Cartels and restrictive practices were the second-most sanctioned violations, representing more than 40 percent, or $694 million, of total penalties.

Japan and South Korea topped the NRF's list of countries that got particularly tough on law-breakers. Combined, the two countries accounted for 83 percent of total penalties in the area, with Seoul issuing fines worth a massive $1.04 billion followed by Tokyo's $382.

But China, Indonesia and Malaysia have also stepped up their enforcement activity. In the transport sector, for instance, Chinese authorities cracked down on cartels in the manufacture and distribution of automobiles, while Malaysia levied its first fines against airline companies.

Emboldened watchdogs

The corruption clampdown comes as antitrust authorities in the region have become increasingly emboldened by maturing competition laws - many of which are only a few years old.

"Authorities rely on competition law to take action against private and public corruption," Marc Waha, a partner in NRF's Asia antitrust practice in Hong Kong, told Reuters.

"The exception is China, where competition authorities have yet to investigate and sanction bid-rigging activity," he added.

The crackdown also represents an increased collaboration between competition authorities and the courts.

"Criminal courts play an increasing role in sanctioning cartel and bid-rigging conduct, with judges in Japan and Korea now routinely imposing fines and (mostly suspended) jail sentences on individuals," the report's authors said.

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