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Antitrust law in Macao, Macao is designed to maintain fair competition and prevent anti-competitive practices within the territory. The legal framework seeks to deter business behaviors that harm market competition, such as price-fixing, market sharing, abuse of dominant position, and other agreements that restrain trade. Macao's evolving economy and unique administrative status make its approach to competition law distinct from other jurisdictions. The government's goal is to protect consumers, small businesses, and the overall economic environment by fostering a level playing field for all market participants.
There are numerous circumstances in which legal advice in the field of antitrust may be critical. Common situations include:
Because of the complexity of antitrust matters and the potential for significant financial or reputational consequences, professional legal support is highly recommended.
Macao established its own competition law framework with Law no. 18/2019 on the "Competition Law," which came into force in May 2020. The law applies to all undertakings operating in Macao, regardless of the type or place of incorporation or the location of their headquarters, as long as their actions may have effects in the Macao market.
Key aspects of Macao’s competition law include:
The Macao competition law is enforced primarily by the DSEDT, which has authority to investigate and sanction infringements. Private parties and affected individuals can also seek damages through the courts.
Anti-competitive activities include collusive agreements between businesses, price-fixing, market allocation, limiting production, tying products, and abusing a dominant market position to harm competitors or consumers.
The Economic and Technological Development Bureau (DSEDT) is the primary authority responsible for investigating and enforcing competition law in Macao.
Yes, as long as the business activities have an effect on competition in Macao, the law applies regardless of where the company is incorporated or headquartered.
Penalties include significant fines, orders to cease illegal conduct, and potential civil liability to injured parties. The severity depends on the nature and impact of the infringement.
No, only those that restrict competition are prohibited. Some cooperation may be allowed if it leads to efficiencies and benefits consumers. Legal advice is crucial to assess specific cases.
The Competition Law allows for possible pre-approval of certain mergers or acquisitions that may affect competition, though the current law relies more on post-merger control than mandatory notification in every case.
Adopt a compliance program, provide staff training, review agreements for competition risks, and consult with a legal professional to identify and avoid potential infringements.
You can file a complaint with the DSEDT or initiate civil proceedings to seek damages if you have suffered harm due to anti-competitive behavior.
Yes, similar to other jurisdictions, Macao may allow for reduced penalties for parties that voluntarily cooperate and provide useful evidence in enforcement actions.
Timelines can vary widely depending on the complexity of the case and resources of the DSEDT. Some investigations might be resolved in a few months, while complex cases can take much longer.
If you require further information or support, you may consider the following resources:
If you believe you may need legal assistance with an antitrust matter in Macao, consider the following steps:
Taking early action can help you avoid serious legal consequences and ensure that your business or personal interests are effectively safeguarded under Macao's antitrust law.
