General Background

The Constitution of the Kingdom of Cambodia, Article 56 of Chapter 5, states that “The Kingdom of Cambodia shall adopt the market economy system. The preparation and process of the economic system shall be determined by the law” to improve the development of the national economy. Economic growth will boost competition on production, productivity, trade and services.

Recognizing this necessity, the Royal Government prepares the Rectangular Strategy Phase IV of the Royal Government of Cambodia of the Sixth Legislature of the National Assembly, on the third rectangle, fourth angle, point one stated that to promote the preparation and adoption of the competition law as a framework for promoting competition, strengthening industrial structure, establishing mechanisms for law enforcement and promoting a competitive culture.

Along with the legal framework and the need to strengthen and develop the economy, there are many other reasons that require and encourage Cambodia to have a law on competition, including the obligations of Cambodia as a member of the World Trade Organization and ASEAN as well as the requirement under ASEAN Competition Action Plan which provides a roadmap for all ASEAN Member States to start implementing competition policies and laws by 2015, and other many economic benefits that derived from the implementation of competition policy and law at regional and global levels.

Nine out of 10 ASEAN Member States has enacted the Law on Competition in which Cambodia is the tenth country to pass this law. Cambodia has committed to developing a law on competition since 2006 with the assistance of several international experts and with a number of other established documents. It should also be considered that the law on competition is an economic and complex regulation that covers the national economy and are far different from other regulations. Due to the complexity and different methods of international experts from different countries with various jurisdictions, Cambodia has revised almost all of its draft law on competition whenever there was a change of global expertise who came to support the law drafting process.

The Draft Law on Competition has received full support from the Expert 9th Committee of the National Assembly; this is a good sign and another step toward​ successfully enact the draft law in the near future.

Meeting with 9^th Committee of the National Assembly to defend the Draft Law on Competition.

Composition of CCC

The Cambodia Competition Commission will be established by Sub-decree in accordance to the Law on Competition which will be enacted in the near future. The Cambodia Competition Commission “CCC” shall be led by the Minister of Commerce as Chairman with Vice-Chairmen and other representative members from relevant ministries/institutions, as necessary.

CCC member shall also include independent member who are Former Judge, individuals with legal knowledge and experience and individuals with economic knowledge and experience. All member of CCC shall have a 5 (five) years mandate.

Duties and Functions

The CCC shall perform the following principal functions and duties:

1. Establish policies and plans regarding to competition.
2. Advise on draft legislation and regulations regarding to competition.
3. Request the Government to revise or amend any national and international legislation, regulations or Agreements which affect competition.
4. Issue decisions, orders and interim measures and impose fines.
5. Prepare the Formalities and Procedures related to calculating fines.
6. Prepare rules regarding Conflicts of Interest for members of the CCC.
7. Prepare the requirements and procedures of Business Combinations.
8. Prepare the Requirements and Procedures that individually permit any Agreements or activities related to competition.
9. Prepare the Requirements and Procedures that collectively permit any Agreements or activities related to competition.
10. Prepare the Requirements and Procedures on the leniency policy on pecuniary fine.
11. Cooperate with national ministries, institutions, or regulators, foreign states, and international agencies related to competition.
12. Receive complaints.
13. Establish other regulations and rules that are under the authority of the CCC related to competitions.