31 March 2023

Procedures for the Issuance of Interim Measures/Decisions of the Competition Commission of Cambodia

On 22 February 2023, the Ministry of Commerce (MOC) issued Prakas No. 079 on Formalities and Procedures for the Issuance of Provisional Measures and/or Decisions of Competition Commission of Cambodia, with the aim to facilitate the implementation of the Law on Competition (the Law).  

The Competition Commission of Cambodia (CCC) has the authority to impose interim measures against any alleged offenses under the Law, and the Consumer Protection Competition and Fraud Repression Directorate-General of the Ministry of Commerce (CCF) is responsible for the implementation. 

The issuance of interim measures  

The CCC may issue an interim measure at the request of an investigating officer when it has reasonable grounds for believing that a violation of the Law has occurred or will soon occur; when an emergency exists to prevent serious and irreparable damage to the economy or any individual; or protecting the public interest in cases of emergency.  

The issuance of the decisions 

Once an investigation has been completed, the CCC may issue a decision against the relevant persons which includes the period for fulfilling the obligations, the violation of the specific provision of the Law, including penalties, and the reason for the decision. The decision will be publicly published.  

Any relevant Person (s) who is subject to the decision may, if he/she has any objection to the decision, submit a petition to CCC. If such a petition is denied, he/she may file an appeal with the appropriate court. 

The notification to the Person(s) subject to the decision  

The investigating officer must send notices and documents related to the interim measures and/or decision of the CCC or made public in case the relevant Person(s) deny or do not accept the notice or the investigative officer is unable to determine the Person’s address. 

If you have any questions or require any additional information, please contact Matthew Rendall, Piseth Panha, Long Panharith, and Prum Sopheareach of SokSiphana&associates.  

This alert is for general information only and is not a substitute for legal advice.